Penalty calculator for 44 FZ - online calculation of penalties

Why is it necessary to carry out claims work?

In accordance with Part 6 of Article 34 of Federal Law No. 44-FZ, it is the responsibility in the event of a violation of the obligations stipulated by the contract by the supplier (contractor, performer).

Thus, in case of any violation of the obligations of the supplier (contractor, performer) under a contract concluded within the framework of the Law on the Contract System, the customer is obliged to send a claim to the supplier (contractor, performer) with a requirement to eliminate the violations.

And in accordance with Part 5 of Article 34 of Federal Law No. 44-FZ, sending a demand for payment of a penalty (penalty, fine) to the customer is the right of the supplier (contractor, performer) in the event of a violation of obligations under the contract by the customer.

But in accordance with Article 4 of the Arbitration Procedure Code of the Russian Federation, if the obligation to pre-trial resolve the dispute is not fulfilled (sending a claim and responding to the claim within a time limit), a person loses the right to judicial protection of his interests.

In particular, the customer under a government contract is subject to liability for inaction, provided for in Part 7 of Article 7.32 of the Code of Administrative Offenses of the Russian Federation.

2.3. Possibility of simultaneously collecting fines and penalties from the supplier

If the supplier does not deliver the goods at all or does not start work, the customer has the right to recover from the supplier not only a fine for violating obligations under the contract, but also a late fee. Such conclusions were made by the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation in the Determination of 03/09/2017 No. 302-ES16-14360, A33-28174/2015. The Ruling of the RF Armed Forces dated 03/09/2017 N 302-ES16-14360 (Clause 36 of the Review of the RF Armed Forces dated 06/28/2017) also states: “...Fine for late fulfillment of obligations under a state (municipal) contract is subject to accrual until the termination of the contract as a result of unilateral refusal of the customer to fulfill it. At the same time, for the fact of non-fulfillment of a state (municipal) contract, which served as the basis for unilateral refusal of the contract, a fine in the form of a fixed amount may be collected...”

How is the penalty calculated under a government contract?

The penalty calculator will help you calculate, in accordance with Part 7, Article 34 of Federal Law No. 44-FZ, the correct amount of the penalty (penalty) under the contract.

The amount of the penalty is established in the amount of one three hundredth of the key rate of the Central Bank of the Russian Federation effective on the date of payment of the penalty 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).

Our online penalty calculation calculator independently monitors changes in the key rate of the Central Bank of the Russian Federation.

The period during which the penalty is accrued begins from the day following the day of expiration of the deadline for fulfilling the obligation established by the contract, for each day of delay in the fulfillment by the supplier (contractor, performer) of the obligation stipulated by the contract, and ends on the day of actual fulfillment of the obligations (included in the period of delay)

There are exceptions; Part 7, Article 34 of Federal Law No. 44-FZ stipulates that if the legislation of the Russian Federation establishes a different procedure for calculating penalties, then a different procedure is applied.

Those. the procedure for calculating penalties provided for in Part 7 of Article 34 of the Law on the Contract System is general and is applied in cases where other laws do not establish a special procedure for calculating penalties. For example, in the field of energy supply in accordance with the Decree of the Government of the Russian Federation dated May 4, 2012. No. 442, an essential condition of the contract for energy supply or purchase and sale of electrical energy is also the responsibility of the parties, determined by this resolution.

Special cases

The customer's responsibility for incorrect calculation of penalties in procurement according to Law 44 lies in the possibility of appealing such a requirement in court. But sometimes it is difficult to make a correct calculation, and the calculation of penalties raises many questions. Let's look at problematic situations:

1. When a separate stage of contract execution is not closed. In this case, penalties should be imposed based on the amount of obligations that were pledged during this period of time, and not based on the full cost of delivery (Part 7, Article 34 of 44-FZ). Read more: “What to consider when executing a contract in stages.”
2. The exact volume of delivery is unknown. This situation is possible when purchasing spare parts and other consumables. If the supplier violates the terms, the maximum value of the contract price is taken into account.
3. The penalty arose for late payment of utility bills. In this case, when calculating the amount of payments for violations that entail the application of penalties and interest in contractual relations, Part 14 of Art. 155 of the Housing Code. Please note that until 01/01/2021 the collection of such payments is suspended (Government Decree No. 424 of 04/02/2020). Read more: “Instructions for the procurement of utilities under 44-FZ.”
4. The penalty for late payments due to the institution on the basis of the MTPL policy is calculated according to the rules from the Federal Law on Compulsory Insurance (Clause 21, Article 12 40-FZ). Read more: “Instructions for purchasing compulsory motor liability insurance under 44-FZ.”

About the author of this article

Ella Zaluzhnaya Project Expert Graduated from the University of the Interparliamentary Assembly of the Eurasian Economic Community with a degree in Finance and Credit.

In 2013 - North-Western Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation under the program: “Management of state and municipal orders.” In 2014, he graduated from the National Research University Higher School of Economics in the program “Management of State and Municipal Orders.” In 2020, she underwent professional retraining on the basis of educational and Sberbank-AST under the program “Procurement Management for State and Municipal Needs (44-FZ) and Corporate Procurement (223-FZ).”

From 2008 to 2009 she worked as an economist in the purchasing department of an ambulance. Since 2009 - leading economist of government procurement at the Theater named after. N.P. Akimova. In 2011 - specialist in the Exchange Trading Department (trading for Gazprom, Transneft). Since 2012 - Deputy Director for Financial and Economic Activities at the State Budgetary Institution. Since 2021 - advises customers and suppliers.

Other publications by the author

• 2021.12.27EIS Dealing with problems when sending a plan for control
• 2021.12.23Customer documentsInstructions for deleting published documents from the UIS
• 2021.12.10 Procurement plan and schedule When and how to approve the procurement plan for 2022
• 2021.12.09 Customer documentsInstructions for calculating the NMTsK for construction work

How to properly file a claim?

The claim is made in free form, but there are mandatory attributes:

• Name of the document – ​​usually indicates a claim or pre-trial claim.
• Addressee – the person to whom the claim is addressed;
• Addressee – the person on whose behalf the claim is made;
• The basis for the claim is a contract (agreement of the parties) for the supply of goods, performance of work, provision of services in accordance with which the Addressee has obligations to the Addressee.
• Addressee's requirement is a specific requirement of the Addressee to the Addressee in accordance with the terms of the contract or the legislation of the Russian Federation. For example, eliminating defects or replacing goods, etc.
• Time limit for fulfilling the requirement - a specific, reasonable and justified period must be indicated for fulfilling the requirement specified in the claim, after which the Addressee has the right to go to court.
• Signature of an authorized person – the claim must be signed by an authorized person of the Addressee, usually the head of the Addressee’s organization or a person to whom such powers are delegated by the head.
• Bank details of the Addressee - must be indicated if the request concerns the transfer of funds, for example, the return of an advance or the payment of a penalty (fine, penalty).
• In case of imposing a penalty, it is necessary to indicate the calculation of such penalty.

After calculating the penalty using our online calculator for calculating penalties under 44-FZ, you will be able to generate a sample claim.

Who should count the penalties?

The tax office charges penalties to companies that paid taxes, advance payments or insurance premiums late (Article of the Tax Code of the Russian Federation). To pay the penalty, wait for the Federal Tax Service's request. The tax office itself must indicate late payment and calculate penalties.

If you find an arrears and want to close them, calculate the penalties yourself, pay the arrears and penalties, and then submit an updated declaration. This is the only way to avoid a fine (Article of the Tax Code of the Russian Federation). If you first submit an update and then pay the tax and penalties, the inspectorate will impose a fine.

How to submit a claim?

The claim must be sent by registered mail or in another way that allows you to track receipt of the letter, to the address of the Addressee's location, i.e. the address that is indicated in the extract from the Unified State Register of Legal Entities/Unified State Register of Individual Entrepreneurs as the registered address of the person.

A copy or copy of the claim, as well as a shipping receipt or other document confirming the sending of the claim to the Addressee must be retained.

We do not recommend handing over the claim in person to avoid disputes in the future.

How long does it take to consider a claim?

The addressee who receives the claim is obliged to consider it and respond within the time period established in the contract.

If such a period is not established in the contract, then in some cases the terms are determined by law, for example, 10 calendar days are set for the policyholder’s response to a claim under compulsory motor liability insurance in accordance with the Law on Compulsory Motor Liability Insurance or 30 calendar days for claims for unjust enrichment in accordance with Part .5 Article 4 of the Arbitration Procedure Code of the Russian Federation.
In similar situations, we calculate the deadlines by analogy with established legislation, otherwise it is necessary to respond within a reasonable time (clause 2 of Article 314 of the Civil Code of the Russian Federation).

Results

Thus, the complexity and features of calculating penalties for contractual obligations depend, first of all, on the type chosen.
If the fine is set in a predetermined fixed amount and is not difficult to calculate, then penalties are calculated based on a formula that takes into account the period of delay, the amount of the unfulfilled obligation and the percentage established by the contract. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.