Provided for by the contract and which does not have a value expression. Synonym value expression in the dictionary of synonyms of the Russian language. Determining the amount of the penalty

When the liability of the parties (Supplier) in direct contracts is specified up to 100 thousand rubles. for example, for the supply of goods, then clause 3 of the Rules of Resolution 1042 is used, when the amount of the goods is known? In what cases is clause 6 used (the obligations provided for in the contract do not have a “value expression”) and a fine is charged in the form of a fixed amount?

Answer

Oksana Balandina, chief editor of the State Order System

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That's right, calculate the fines as a fixed amount if the cost is known.

Examples of obligations that have no value:

1. Obligation to submit a monthly acceptance certificate and comply with safety precautions;

2. The customer entered into a contract for transport services. Under the terms of the contract, the contractor provides a monthly acceptance certificate, and the customer pays for the services. The counterparty handed over the deed in arrears, and the customer demanded to pay a penalty. However, the court decided that the counterparty provided transport services in a timely manner. The acceptance certificate is not part of the service, so late fees cannot be charged. This conclusion follows from paragraph 1 of Article 779 of the Civil Code of the Russian Federation. Obligations to provide monthly reports, invoices, waybills- not monetary. Therefore, for violation of such obligations, it is necessary to provide for a fine, not a penalty. You can fine only if liability has been stipulated in the contract (decision Arbitration Court Samara region dated April 29, 2016 No. A55-29474/2015).

By virtue of Part 4 of Art. 34 of Law No. 44-FZ is included in the contract required condition on the responsibility of the customer and supplier (contractor, performer) for non-fulfillment or improper execution obligations stipulated by the contract.

The contract does not have to provide for the liability of the parties if we're talking about on the contract concluded with the food supplier on the basis of clause 4, part 1, art. 93 of Law No. 44-FZ.

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The White house, which has not yet been able to implement the reform of the system of public procurement and procurement of state-owned companies - the lobbying of the latter has postponed the implementation of government initiatives indefinitely - has begun to clarify the settings of the system, for which the issuance of a government decree is sufficient. On Friday, the government published new fines for failure to fulfill obligations under government contracts. The document significantly reduces sanctions for government customers, large suppliers and small businesses.

The White House has reviewed fines for improper fulfillment of obligations (except for late fulfillment) within the framework of government procurement - a government decree regulating them in a new way was published on Friday.

Now such fines can be charged not only as a percentage of the cost of the entire contract, but also of the cost of its stage. The size of the fines themselves are also changing - and the direct beneficiaries of the innovations will be large suppliers, to whom the government has met halfway by easing sanctions for them. Thus, the previous version of the document for all contracts is more expensive than 100 million rubles. provided for penalties in the amount of 0.5% of the contract price. Now the authorities are describing a more detailed differentiation for such contracts - the 0.5% rate will remain for contracts worth from 100 million to 500 million rubles. For contracts up to 1 billion rubles. the fine will be 0.4%, and for contracts up to 2 billion rubles - 0.3%. For contracts in the range from 2 billion to 5 billion rubles. the fine will be twice as low - 0.25%. For contracts no more than 10 billion rubles. a fine of 0.2% of its price is provided, and above this amount - 0.1%.

At the same time, the White House completely abolished fines calculated as a percentage of the contract value for government customers who do not fulfill their obligations. In the previous version of the document, they ranged from 2.5% (contracts up to 3 million rubles) to 0.5% (contracts over 100 million rubles), that is, from 75 thousand to 500 thousand rubles. Now the government is introducing fixed fines for cases of non-fulfillment of obligations by customers - the minimum fine will be 1 thousand rubles. (for low-cost contracts, the price of which does not exceed 3 million rubles), the maximum sanction - 100 thousand rubles - is provided for contracts worth more than 100 million rubles. The same fines will apply to suppliers who do not fulfill obligations that do not have a monetary value.

As noted by the General Director of the Unified Electronic trading platform Anton Emelyanov, sanctions for small and medium-sized businesses are also changing. Previously, they were fined on the same basis as other procurement participants, but now for contracts with SMEs worth up to 3 million rubles. the sanction for each fact of improper performance of the contract by the supplier will be 3% of their cost. A 2% fine will apply to contracts worth up to 10 million rubles, and 1% - up to 20 million rubles. inclusive. “Thus, the amount of the maximum possible fine for SME subject now it is 200 thousand rubles,” says Mr. Emelyanov. In the previous version of the document, the fines were much larger - 10% for a contract price of no more than 3 million rubles. and 5% - at a price from 3 million to 50 million rubles.

Let us note that the current clarifications of sanctions for violations in public procurement are cosmetic changes to the system settings, for which a government resolution is sufficient. The fate of more significant reforms, including the “electronization” of procurement (this requires amendments to the laws on contract system and procurement of state-owned companies) remains unclear. According to Kommersant, the Ministry of Finance, which has received the authority to regulate the contract system, expects to adopt the least controversial amendments to the law on public procurement at the autumn session of the State Duma. However, to overcome the lobbying efforts of state-owned companies, which, in particular, are not satisfied with the idea of transferring their purchases from small businesses (about 2.6 trillion rubles per year) to controlled ones Federal Treasury electronic platforms for government orders, the department is unlikely to succeed in the foreseeable future.

Evgenia Kryuchkova, Oleg Sapozhkov

A particular challenge in cost-benefit analysis in the public sector is the assessment of costs and benefits that do not market prices. For example, the problem is estimating the cost of a saved life when analyzing the effectiveness of a particular public health project, or estimating the cost of preserved wildlife, rare plants when considering an environmental project, the value of time saved. Thus, the difficulty is estimating the value of time, estimating the cost of living, estimating the value of natural goods.

To solve this problem, various procedures and methods for valuing goods that do not have a market price have been developed.

In some cases, we may be able to make estimates based on indirect information provided by the market. It refers to estimating the value of time. The cost of time saved must be included in the assessment of benefits when analyzing the effectiveness of such public expenditures that are aimed at the construction of automobile and railways, metro. One of the options for calculating this type of benefit is related to the assessment of time as the equivalent of lost or acquired wages.

Each of us is expected to make a choice between more work and more rest. Giving up one hour of work means reducing income and the corresponding consumption of goods by the amount of this income. At the same time, this means acquiring extra hour for relax. The cost of time is estimated in the amount of lost wages. For example, when building a new metro station, you save half an hour of travel time to your place of work. With an hourly wage of 100 rubles. the price of saved time will be 50 rubles.

This approach to time estimation has its drawbacks. In particular, it does not take into account the fact that people are not very free to choose between work and leisure. Some would prefer extra work, but can't find it. It turns out that when assessing time in terms of possible wages, the price of free time is overestimated. Many people value their free time less.

At the same time, someone would prefer free time, but is forced to earn extra money. In other words, some believe that the wage approach to valuing time tends to underestimate the value of free time.

There are examples of both underestimation of the value of time and its overestimation. For example, the price of a university professor's free time is higher than his salary, i.e. his free time is undervalued. Firstly, because his salary is relatively small, and secondly, there are non-monetary benefits that the professor receives in his free time. On the other hand, high wage miner may lead to an overestimation of the value of his free time.

Thus, time valuation assumes that:

§ a choice is made between work and free time (rest),

§ the cost of time is estimated at opportunity costs free time (lost wages),

§ people are often not free to choose between work and rest,

§ there is both an underestimation of the value of time and its overestimation.

A similar technique is used when assessing the cost of living . In principle, life is priceless; none of us, even in a nightmare, would even want to think about how much the lives of people close to us are worth. But society in many cases is forced to engage in this assessment. A striking example is the need to estimate the cost of a life saved by analyzing the costs and benefits of a road traffic accident reduction expenditure project, a public health project that reduces morbidity and mortality.

In the USA, the conditional estimate of the cost of living of an air passenger (US citizen) is set at $3 million and it is revised to take into account inflation; in 1997 it was estimated at $2.7 million. The calculation method takes into account factors such as age, education, work and annual income. Relatives of Americans who died as a result of the terrorist attack on the United States on September 11, 2001 received from 250 to 7 million dollars. The amount of compensation was calculated based on the employee’s potential income as a result of career advancement - the so-called. "growth rate". In France, insurance compensation must fully cover all types of losses incurred by the injured party: it takes into account not only payment for treatment, compensation for physical and moral damage, suffering associated with them, but also loss of lost income. In addition to compulsory insurance (social, automobile, property, etc.), there is a system of special funds for the most unforeseen cases -, unforeseen situations on roads (roe deer), etc. at the expense of part of the contributions from compulsory insurance systems. In the UK, over the last decade of the twentieth century, the share of costs for life insurance and pensions increased by 6%. You can insure your life from 1 pound 69 pence (about 80 rubles) monthly (for the youngest, without bad habits , addiction to risky sports among the British, who insure themselves not for life, but for a certain period). The insurance system operating in Germany is very extensive and diverse. The amount of payments depends on the monthly contribution and is cheaper for a 20-year-old than for a 50-year-old citizen, while practically no cases of suicide are covered. And in Finland, the average payment of compensation for the loss of one of the family members in favor of relatives is only a few hundred euros. Cm.:

Russian newspaper dated November 25, 2010, No. 264 The need to assess the cost of living arises due to the limited resources of society and the many options for using these resources. Even in the case of projects aimed at conservation

human life

, the probability of a positive result may be very small. At the same time, the economic feasibility of the project decreases. Basically, when estimating the cost of living, the following methods are used: the imputed income method, the revealed preference method. Imputed income method used primarily to estimate the cost of living during the working period life cycle. It is based on an estimate of how much a person could earn if he remained alive and eventually died

natural death

. His past earnings are reproduced in the future.

This method also has its drawbacks. One of them is that the cost of subsistence and the cost of living are regarded as one and the same, subsistence and life are equated. Life is a complex, multifaceted and multidimensional process. There are many aspects of life other than livelihood that are not taken into account in this technique. Producing income is not the meaning of life for many people, so it cannot be the basis for assessing the cost of living.

§ is based on an estimate of how much a person could earn if he were alive,

§ assumes that past income is reproduced in the future,

§ regards the cost of subsistence and the cost of living as one and the same,

§ does not evaluate life after retirement.

Revealed preference method approaches the assessment of the cost of living somewhat differently. The name of the method is associated with determining preferences when choosing a profession. People, when choosing a profession, choose the degree of risk of accident associated with this profession. High degree risk is compensated by higher wages. High risk and high pay, low risk and lower salary, are preferences that are identified and determined when choosing a job and profession. The work of a professor and a miner provide contrasting examples of revealed preferences for risk and level of income.

The method under consideration estimates the cost of living based on what additional income, necessary to compensate for the higher risk of accident. Many people believe that the disadvantage of the revealed preference method is that it underestimates the value of human life. As a rule, people have little idea of the real risks that await them in the future. In addition, even knowing about the dangers that await them, people try not to think about it and hope for a successful outcome.

Examples of actual cost of living estimates can be given. Obviously, these estimates differ significantly. Thus, in the early 2000s in the United States, the cost of living ranged from 4 to 9 million dollars (in 2000 prices) per life. US government regulators use data from a variety of assessments. EPA estimates are higher than DOT estimates.

Extrapolation of American data when assessing the cost of living of a Russian shows that the cost of living of a Russian is approximately 3 times lower than that of an American, i.e. ranges from 1.3 to 3 million dollars.

There is debate about which metric to use when assessing the costs and benefits of government projects. Those who oppose a single cost of living estimate believe that different circumstances of death need to be taken into account. In particular, take into account that death can occur as a result of actions associated with voluntary risk. For example, driving a car involves the risk of an accident; when getting behind the wheel, a person knows this.

The difficult question is whether the cost of living of a child is different from the cost of living of an adult who has reached 30 years of age, or from the cost of living of an old person who has lived 80 years. This problem arises, for example, when considering government projects in the field of public health. In particular, it is known that the forms of cancer in children differ from the forms of cancer in the elderly. There are two government programs scientific research cancer researchers involved in disease research in different age groups. Choices have to be made about how much to fund these programs in the face of limited government resources. In order to effectively use public funds, an analysis of the costs and benefits of both programs is necessary. How to proceed?

In general, the cost of living assessment using the revealed preference method assumes:

§ determination of preferences when choosing a profession,

§ choosing a profession is a choice of the degree of accident risk associated with this profession,

§ assessment of the cost of living based on what additional income is needed to compensate for the higher risk of an accident,

§ underestimation of the value of human life.

Valuation of natural goods also poses a challenge in cost-benefit analysis of public expenditure projects. Due to environmental pollution, society incurs significant costs for its protection and restoration. Any environmental protection project involves assessing possible outcomes in monetary terms in conditions where the market does not provide the necessary information. In addition, the problem of assessing the value of natural goods, such as clean air, unpolluted water, birdsong in the morning forest, green flowering meadow, arises when assessing the damage caused to nature by enterprises.

In the spring of 2005, residents of Moscow and the North-Western Moscow region were concerned about the pollution of the upper reaches of the Volga in the area of Rzhev. This happened as a result of an accident at an oil storage facility. Pure Volga water, which enters the water supply system of residents of Moscow and the Moscow region, was mixed with oil for many kilometers along the river, the meadows were spoiled, and fish began to die. The question arose about compensation for the damage caused. And this requires valuation damage.

In practice, when assessing the value of natural goods, the so-called "contingent valuation" method(contingent valuation). This technique involves a sample survey of residents of the region or residents of the country as a whole, using a special system, if we are talking about a national environmental protection project. The survey should reveal how people evaluate this or that natural benefit, how they evaluate the damage caused environment. A special term has emerged to denote the price of natural goods associated with the environment of human existence - “existence values”.

We are talking about the amount, albeit small for now, that people are willing to pay to preserve the environment. For example, how much are you willing to pay for beavers to appear in the river again, so that the remains of an ancient oak grove, which they want to destroy, are still an adornment of your favorite landscape, so that seals live and reproduce freely on the islands of the Sea of Okhotsk, etc.

The amounts you are willing to pay vary because you value different aspects of the environment, your environment, to different degrees. Even if, in the extreme case of cats, you are ready to give away only a two-ruble coin, but on the scale of Russia this will amount to about 300 million rubles. And if Sakhalin oil companies cause damage to the seal population, then the amount of compensation for damage can be assessed based on the survey.

Thus, the assessment of natural goods using the “conditional valuation” method assumes:

§ a selective survey of residents of the region or residents of the country using a special system,

§ determination of how people evaluate this or that natural benefit, how they evaluate the damage caused to the environment,

§ “existence values” is the price of natural goods associated with the environment of human existence.

The contingent valuation method was first used in the United States, in particular, when the court assessed the damage caused by Exxon as a result of an oil spill from its oil storage facilities in 1989. This technique assessment also has its drawbacks. She is improving. Currently, the contingent valuation method is used in government regulation use of the environment.

Since September 9, 2017, new rules have been in force for determining the amount of penalties accrued in the event of improper fulfillment of contractual obligations, approved by Decree of the Government of the Russian Federation No. 1042 (hereinafter referred to as Rules No. 1042). They apply to procurements, notices of which are posted in the Unified Information System or invitations to participate in which are sent after the specified date.

Inclusion in the contract of a condition for payment of a penalty

State institutions, concluding contracts for the purchase of goods, works, services to meet state (municipal) needs, act on behalf of Russian Federation, subject of the Russian Federation, municipality and act as customers (clause 2 of article 764 of the Civil Code of the Russian Federation, clauses 5, 6, 8 of article 3 of the Law on the contract system).

In such contracts mandatory a condition is prescribed on the parties (customer and supplier (contractor, performer)) for violation of obligations under the contract, which is expressed in the payment of a penalty (fine, penalty) (clauses 4, 5, 6 of Article 34 of the Law on the Contract System).

At the same time, in case of delay in fulfilling obligations under the contract, penalties are established, and for other cases of non-fulfillment or improper fulfillment of obligations - a fine (clauses 5, 7, 8 of Article 34 of the Law on the Contract System).

Note: a list of cases when the above requirements may not apply, in paragraph 15 of Art. 34 of the Law on the contract system. These are cases where the customer enters into a contract with sole supplier(contractor, performer) on the basis of clauses 1, 4, 5, 8, 15, 20, 21, 23, 26, 28, 29, 40, 41, 44, 45, 46, 51 and 52 of Part 1 of Art. 93 of the Law on the contract system. Under such circumstances, the condition for establishing and paying a penalty is not fixed in the contract.

Determining the amount of the penalty

Today, the amount of the contractual penalty is calculated taking into account Rules No. 1042. The previous rules approved by Decree of the Government of the Russian Federation of November 25, 2013 No. 1063 (hereinafter referred to as Rules No. 1063) became invalid as of 09.09.2017.

Let us dwell in more detail on the new methods for determining fines and penalties.

Sanctions for suppliers (contractors, performers)

Fines.

Rules No. 1042 expand the list of circumstances in which penalties for non-fulfillment or improper fulfillment by a supplier (contractor, performer) of obligations under a contract are determined differently. Now the size of the fine depends not only on the price of the contract, but also on who is the contractor under it. If the obligation under the contract does not have a value expression, then fines are set in specific absolute values (see table).

Conditions of a contract	Contract price, NMCC	Amount of fine
The contract was concluded in general procedure*	No more than 3 million rubles.
	From 3 million to 50 million rubles.
	From 50 million to 100 million rubles.
	From 100 million to 500 million rubles.
	From 500 million to 1 billion rubles.
	From 1 billion to 2 billion rubles.
	From 2 billion to 5 billion rubles.
	From 5 billion to 10 billion rubles.
	Over 10 billion rubles.
The contract was concluded with small businesses and socially oriented non-profit organizations*	No more than 3 million rubles.
	From 3 million to 10 million rubles.
	From 10 million to 20 million rubles.
The contract was concluded with the winner of the procurement (or with another procurement participant) who offered the highest price for the right to conclude the contract (based on the results electronic auction)**	No more than 3 million rubles.
	From 3 million to 50 million rubles.
	From 50 million to 100 million rubles.
Obligations under the contract do not have a value expression	No more than 3 million rubles.	1 thousand rub.
	From 3 million to 50 million rubles.	5 thousand rubles.
	From 50 million to 100 million rubles.	10 thousand rubles.
	Over 100 million rubles.	100 thousand rubles.
A condition is provided for the involvement of subcontractors and co-executors from among small businesses, socially oriented non-profit organizations***

* The amount of fines is set as a fixed amount, calculated as a percentage of the contract (stage) price.

Peni.

The procedure for penalties for late performance by a supplier (contractor, performer) of obligations under a contract has been simplified compared to what was previously in effect.

Now penalties are accrued for each day of delay, starting from the day following the day of expiration established by the contract the deadline for fulfilling the obligation, in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation of the contract price. The latter, in turn, should be reduced by an amount proportional to the volume of obligations actually fulfilled.

Note: the refinancing rate from January 1, 2016 is equal to the rate, its size is determined on the date of payment of the penalty (clause 7 of article 34 of the Law on the contract system). From September 18, 2017, the key rate is 8.5% per annum (Information of the Central Bank of the Russian Federation dated September 15, 2017).

Thus, to determine amount payable by the supplier (performer, contractor) (PPost) , the following formula will be applied:

PPost = 1/300 x SCB x O x DP , Where:

Signaling system

ABOUT – the amount of the obligation under the contract that was not fulfilled on time (amount of debt);

DP – number of days of delay.

Sanctions for customers

Fines.

The amount of fines for non-fulfillment by customers of obligations stipulated by the contract is established by Rules No. 1042 in the form of fixed amounts, determined in the following order:

Note that previously fines were calculated as a percentage of the contract price.

Peni.

The procedure for determining the amount of penalties in connection with the customer’s delay in fulfilling obligations under the contract is not specified in Rules No. 1042. It is provided Art. 34 of the Law on the contract system, where it is said that a penalty is charged for each day of delay in fulfilling the obligation provided for in the contract, starting from the day following the day of expiration of the deadline for fulfilling the obligation established by the contract. Such a penalty is determined by the contract in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force on the date of payment of the penalty of the amount not paid on time.

The given order of determination the amount of penalties payable by the customer (PZak), is reflected by the formula:

PZak = 1/300 x SCB x O x DP , Where:

Signaling system – key rate of the Central Bank of the Russian Federation established on the date of payment of penalties;

ABOUT – the amount of the amount not paid on time (amount of debt);

DP – number of days of delay.

Among the innovations provided for by Rules No. 1042, we highlight the following:

fines have been introduced for suppliers (contractors, performers) for violating the terms of contracts, the price of which is from 100 million rubles. or more (from 0.5 to 0.4% of the contract (stage) price);

penalties for small businesses and socially oriented non-profit organizations are set in a smaller amount than for other performers;

fines have been established for each violation by a supplier (contractor, performer) of obligations under a contract concluded with the winner of the procurement (or with another procurement participant) who offered the highest price for the right to conclude the contract. They are determined as a fixed amount, calculated as a percentage of the NMCC;

fines have been introduced for each fact of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of an obligation stipulated by the contract, which does not have a monetary value. Such fines are set in specific absolute values (from 1 thousand to 100 thousand rubles, depending on the contract price);

the fine for failure to fulfill the terms of the contract regarding the involvement of subcontractors, co-executors from among small businesses, socially oriented non-profit organizations in its execution is 5% of the volume of such involvement;

fines for customers for failure to fulfill obligations under the contract are set in the form of fixed amounts (from 1 thousand to 100 thousand rubles, depending on the contract price). Previously, they were calculated as a percentage of the contract price.

The new rules also determine that the total amount of the accrued penalty for violation of obligations stipulated by the contract in relation to the supplier (contractor, performer), as well as to the customer, cannot exceed the contract price.

contract contract fines forfeit

Decree of the Government of the Russian Federation of August 30, 2017 No. 1042 “On approval of the Rules for determining the amount of the fine accrued in the event of improper fulfillment by the customer, non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations stipulated by the contract (except for delay in fulfillment of obligations by the customer, supplier ( contractor, performer), and the amount of the penalty accrued for each day of delay in the fulfillment by the supplier (contractor, performer) of the obligation stipulated by the contract on amending the Decree of the Government of the Russian Federation of May 15, 2017 No. 570 and invalidating the Decree of the Government of the Russian Federation ...”

In accordance with Article 34 Federal Law"On the contract system in the field of procurement of goods, works, services to ensure government and municipal needs"The Government of the Russian Federation decides:

1. Approve the attached:

Determining the amount of the fine accrued in case of improper fulfillment by the customer, non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations stipulated by the contract (except for delay in fulfillment of obligations by the customer, supplier (contractor, performer), and the amount of the penalty accrued for each day of delay in execution supplier (contractor, performer) of the obligation stipulated by the contract;

Which are included in the Decree of the Government of the Russian Federation dated May 15, 2017 No. 570 “On establishing the types and volumes of construction work, reconstruction of capital construction projects, which the contractor is obliged to carry out independently without involving other persons in the fulfillment of its obligations under the state and (or) municipal contracts, and on amendments to the Rules for determining the amount of the fine accrued in case of improper fulfillment by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (except for delay in fulfillment of obligations by the customer, supplier (contractor, performer), and the amount of the penalty accrued for each the day of delay in fulfillment by the supplier (contractor, performer) of the obligation stipulated by the contract" (Collected Legislation of the Russian Federation, 2017, No. 21, Art. 3022).

2. Recognize as invalid the Decree of the Government of the Russian Federation of November 25, 2013 No. 1063 “On approval of the Rules for determining the amount of the fine accrued in the event of improper fulfillment by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (except for delay in fulfillment of obligations by the customer, supplier (contractor, performer), and the amount of the penalty accrued for each day of delay in the fulfillment by the supplier (contractor, performer) of the obligation stipulated by the contract" (Collected Legislation of the Russian Federation, 2013, No. 48, Art. 6266).

3. This resolution applies to relations related to the procurement of goods, works, services to meet state and municipal needs, notices of the implementation of which are posted in a single information system in the field of procurement or invitations to participate in which were sent after the day this resolution came into force.

Rules
determining the amount of the fine accrued in case of improper fulfillment by the customer, non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations stipulated by the contract (except for delay in fulfillment of obligations by the customer, supplier (contractor, performer), and the amount of the penalty accrued for each day of delay in fulfillment supplier (contractor, performer) of the obligation stipulated by the contract

1. These Rules establish the procedure for determining in the contract:

the amount of the fine in the form of a fixed amount accrued for improper fulfillment by the customer of the obligations provided for in the contract, with the exception of delay in fulfilling the obligations provided for in the contract;

the amount of a fine in the form of a fixed amount accrued for non-fulfillment or improper fulfillment by the supplier (contractor, performer) of the obligations stipulated by the contract, with the exception of delay in fulfilling the obligations (including the warranty obligation) stipulated by the contract;

the amount of the penalty accrued for each day of delay in the fulfillment by the supplier (contractor, performer) of the obligation stipulated by the contract, starting from the day following the day of expiration of the deadline established by the contract for fulfilling the specified obligation (hereinafter referred to as the fine, penalty).

2. The amount of the fine is established by the contract in the manner established by these Rules, in the form of a fixed amount, including calculated as a percentage of the contract price, or if the contract provides for stages of contract execution, as a percentage of the stage of contract execution (hereinafter referred to as the price of the contract (stage) ).

3. For each fact of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations stipulated by the contract, with the exception of delay in fulfilling obligations (including warranty obligations) stipulated by the contract, the amount of the fine is established in the form of a fixed amount, determined in the following order (for except in cases provided for in these Rules):

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

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

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

d) 0.5 percent of the contract (stage) price if the contract (stage) price is from 100 million rubles to 500 million rubles (inclusive);

e) 0.4 percent of the contract (stage) price if the contract (stage) price is from 500 million rubles to 1 billion rubles (inclusive);

f) 0.3 percent of the contract (stage) price if the contract (stage) price is from 1 billion rubles to 2 billion rubles (inclusive);

g) 0.25 percent of the contract (stage) price if the contract (stage) price is from 2 billion rubles to 5 billion rubles (inclusive);

h) 0.2 percent of the contract (stage) price if the contract (stage) price is from 5 billion rubles to 10 billion rubles (inclusive);

i) 0.1 percent of the contract (stage) price if the contract (stage) price exceeds 10 billion rubles.

4. For each fact of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations stipulated by the contract concluded based on the results of determining the supplier (contractor, performer) in accordance with paragraph 1 of part 1 of Article 30 of the Federal Law "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter referred to as the Federal Law), with the exception of delay in fulfilling obligations (including warranty obligations) provided for in the contract, the amount of the fine is established in the form of a fixed amount, determined in the following order:

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

b) 2 percent of the contract (stage) price if the contract (stage) price is from 3 million rubles to 10 million rubles (inclusive);

c) 1 percent of the contract (stage) price if the contract (stage) price is from 10 million rubles to 20 million rubles (inclusive).

5. For each fact of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations stipulated by the contract concluded with the winner of the procurement (or with another procurement participant in cases established by Federal Law) who offered the highest price for the right to conclude the contract, the amount of the fine is calculated in the manner established by these Rules, with the exception of late fulfillment of obligations (including warranty obligations) provided for in the contract, and is established in the form of a fixed amount, determined in the following order:

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

b) 5 percent of the initial (maximum) contract price if the initial (maximum) contract price ranges from 3 million rubles to 50 million rubles (inclusive);

c) 1 percent of the initial (maximum) contract price if the initial (maximum) contract price is from 50 million rubles to 100 million rubles (inclusive).

6. For each fact of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of an obligation stipulated by the contract, which does not have a monetary expression, the amount of the fine is established (if there are such obligations in the contract) in the form of a fixed amount, determined in the following order:

a) 1000 rubles, if the contract price does not exceed 3 million rubles;

7. For improper fulfillment by the contractor of obligations to carry out types and volumes of work on construction, reconstruction of capital construction projects, which the contractor is obliged to carry out independently without involving other persons in the fulfillment of his obligations under the contract, the amount of the fine is set at 5 percent of the cost of these works.

8. If, in accordance with Part 6 of Article 30 of the Federal Law, the contract provides for a condition on civil liability of suppliers (contractors, performers) for failure to fulfill the condition of involving subcontractors, co-executors from among small businesses, socially oriented non-profit organizations in the execution of the contract in the form of a fine, the fine is set at 5 percent of the volume of such attraction established by the contract.

9. For each fact of failure by the customer to fulfill obligations under the contract, with the exception of delay in fulfilling obligations under the contract, the amount of the fine is established in the form of a fixed amount, determined in the following order:

a) 1000 rubles, if the contract price does not exceed 3 million rubles (inclusive);

b) 5000 rubles, if the contract price is from 3 million rubles to 50 million rubles (inclusive);

c) 10,000 rubles, if the contract price is from 50 million rubles to 100 million rubles (inclusive);

d) 100,000 rubles, if the contract price exceeds 100 million rubles.

10. A penalty is charged for each day of delay in the fulfillment by the supplier (contractor, performer) of the obligation provided for in the contract in the amount of one three hundredth of the refinancing rate in force on the date of payment of the penalty Central Bank Russian Federation from the contract price, reduced by an amount proportional to the volume of obligations stipulated by the contract and actually fulfilled by the supplier (contractor, performer).

11. The total amount of accrued penalties (fines, penalties) for non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations under the contract cannot exceed the contract price.

12. The total amount of accrued penalties (fines, penalties) for improper fulfillment by the customer of the obligations stipulated by the contract cannot exceed the contract price.

Changes,
which are included in the Decree of the Government of the Russian Federation dated May 15, 2017 No. 570

1. Paragraph three of paragraph 1 shall be declared invalid.

2. Subparagraph “c” of paragraph 2 should be stated as follows:

"c) the procedure for determining the amount of the fine assessed for improper fulfillment by the contractor of obligations to perform the types and volumes of work on construction, reconstruction of a capital construction project, which the contractor is obliged to perform independently without involving other persons in the fulfillment of its obligations under state and (or) municipal contracts, establishes the amount of the fine accrued in case of improper fulfillment by the customer, non-fulfillment or improper fulfillment by the supplier (contractor, performer) of the obligations stipulated by the contract (except for delay in fulfillment of obligations by the customer, supplier (contractor, performer), and the amount of the penalty accrued for each day of delay fulfillment by the supplier (contractor, performer) of the obligation stipulated by the contract, approved by the Government of the Russian Federation dated August 30, 2017 No. 1042 “On approval of the Rules for determining the amount of the fine accrued in the event of improper performance by the customer, non-fulfillment or improper performance by the supplier (contractor, performer) of obligations stipulated by the contract (except for delay in fulfillment of obligations by the customer, supplier (contractor, performer), and the amount of penalties accrued for each day of delay in the fulfillment by the supplier (contractor, performer) of the obligation provided for by the contract, on amending the resolution of the Government of the Russian Federation of May 15 2017 No. 570 and invalidation of the Decree of the Government of the Russian Federation of November 25, 2013 No. 1063."

Document overview

The rules for calculating fines in government contracts for improper fulfillment of obligations by counterparties, as well as penalties accrued for each day of delay in performance, have been revised. It is clarified that we are also talking about fines in cases of failure to fulfill obligations by the supplier (contractor, performer).

As before, the amount of the fine is established by the contract as a fixed amount, including calculated as a percentage of the contract price (or as a percentage of its stage, if execution stages are provided).

For customers, fines are set as a fixed amount in rubles (and not as a percentage). So, if the contract price exceeds 100 million rubles, then the fine will be 100 thousand rubles. (previously - 0.5% of the contract price).

Fines are detailed for each fact of non-fulfillment or improper fulfillment of obligations by the counterparty, including under government contracts, the price of which exceeds 100 million rubles.

Rules have been introduced for calculating the fine under a contract concluded as a result of a procurement, the participants of which are small businesses and socially oriented NPOs.

In addition, rules have been established for calculating fines for non-fulfillment or improper fulfillment by a supplier (contractor, performer) of obligations that do not have a monetary value, as well as obligations under a contract concluded with the winner of the procurement who offered the highest price for the right to conclude the contract.

It is stipulated that the total amount of accrued penalties (fines, penalties) for non-fulfillment or improper fulfillment of obligations under the contract cannot exceed its price.