What obligations have no value. Synonym value expression in the dictionary of synonyms of the Russian language. Fines for the highest bidder for the right to enter into a contract

9.3. Estimating costs and benefits that do not have a value

A particular problem in the analysis of costs and benefits in the public sector is the estimation of costs and benefits that do not have market prices. For example, the problem is the assessment of the cost of life saved when analyzing the effectiveness of a project in the field of public health, or assessing the cost of the preserved animal world, rare plants when considering a project for the protection the environment, the cost of the time saved. Thus, the difficulty is represented by:

Estimating the cost of time;

Estimating the cost of living;

Assessment of the value of natural goods.

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

In some cases, we can make some estimates based on indirect information provided by the market. It refers to estimating the cost of time. The cost of the time saved should be included in the assessment of the benefits when analyzing the effectiveness of such public expenditures that are directed to the construction of roads, railways, and subways. One of the options for calculating this kind of benefits 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 extra work and extra 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 the acquisition of an additional hour for rest. The cost of time is estimated at the same time in the amount of lost wages. For example, when building a new metro station, you save half an hour on the trip to the place of work. With an hourly wage of 100 rubles. the price of the saved time will be equal to 50 rubles.

This approach to time estimation has its drawbacks. In particular, it does not take into account the fact that people are not too free to choose between work and play. Someone would prefer additional work but cannot find it. It turns out that when evaluating time in terms of possible wages, the price of free time is overstated. Many people value their free time less.

At the same time, someone would prefer free time, but they have to earn extra money. In other words, some believe that the wage-based approach to assessing time, on the contrary, leads to an underestimation of 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. First, because his salary is relatively low; second, there are non-monetary benefits that the professor receives in his spare time. On the other hand, the high salary of a miner may lead to an overestimation of the value of his free time.

TO valuation time relate:

1) the choice between work and free time (rest);

2) an estimate of the cost of time in the amount of opportunity costs of free time (lost wages);

3) people often lack freedom of choice between work and leisure;

4) the possibility of both underestimating the cost of time and its overestimation.

A similar technique is used in assessing the cost of living. In principle, life is priceless, none of us, even in a nightmare, would not even want to think about how much the life of people close to him is worth. But society in many cases is forced to engage in this assessment. A prime example is the need to assess the cost of lives saved by analyzing the costs and benefits of a road crash reduction project, a public health project that reduces morbidity and mortality. This need arises in connection with the limited public resources and the many options for using these resources. Even in the case of life-saving projects, the likelihood of a positive outcome can be very small. This reduces the economic feasibility of the project.

Basically, the following methods are used in assessing the cost of living:

Imputed income method;

Revealed preference method.

Imputed income method used primarily to estimate the cost of living during the working period of the life cycle. It is based on an estimate of how much a person could earn if he remained alive and would eventually die a 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, the means of subsistence and life are equated. Life is a complex, multifaceted and multidimensional process. In life, besides the means of subsistence, there are many aspects that are not taken into account in this methodology. For many people, income generation is not the meaning of life, so it cannot be the basis for assessing the cost of living.

Another disadvantage of the imputed income method is the virtual disregard for such an important period of the life cycle as life after retirement. During this period, a person does not earn. It turns out that within the framework of this method, life after retirement has no value.

Thus, the features method of imputed income are as follows:

1) based on an assessment of how much a person could earn if he had stayed alive;

2) past incomes are reproduced in the future;

3) the cost of the means of subsistence and the cost of living are regarded as one and the same;

4) life after retirement is not assessed.

Revealed preference method approaches the assessment of the cost of living in a slightly different way. The name of the method is associated with the determination of preferences when choosing a profession. When choosing a profession, people choose the degree of risk of an accident associated with this profession. The high degree of risk is offset by higher wages. High risk and high salary, low risk and lower salary are preferences that are revealed, determined when choosing a job and profession. The work of the professor and the miner are opposite examples of identified risk and income preferences.

The method under consideration estimates the cost of living based on how much additional income is needed to compensate for the higher risk of an accident. Many believe that the disadvantage of the revealed preference method is the underestimation of the cost 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 lie in wait for them, people try not to think about it, they hope for a successful outcome.

Examples of actual estimates of the cost of living can be given. Obviously, these estimates differ significantly. For example, in the late 1990s, the cost of living in the United States ranged from $ 1 to $ 20 million. In most cases, the spread was smaller - from $ 2 to $ 8 million. state regulation The USA uses data from different estimates. The EPA's estimates are higher than those of the Transportation Authority.

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

The difficult question is whether the cost of living for a child is different from the cost of living for an adult who has turned 30, or from the cost of living for an old person who has lived for 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 diseases in different age groups. One has to choose to what extent these programs should be funded in the face of limited public resources. In order to effectively use public funds, a cost-benefit analysis of both programs is required.

Thus, the features revealed preference method are as follows:

1) determination of preferences when choosing a profession;

2) when choosing a profession, choose the degree of risk of an accident associated with this profession;

3) the cost of living is estimated on the basis of what is the additional income required to compensate for the higher risk of an accident;

4) underestimation of the value of human life.

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

In the spring of 2005, residents of Moscow and the northwestern Moscow region were concerned about the pollution of the upper reaches of the Volga near the town of Rzhev. This happened as a result of an accident at an oil storage facility. The clean 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 the fish began to die. The question arose about compensation for the damage caused, and this requires its cost assessment.

In practice, when assessing the value of natural goods, the so-called contingent valuation method (contingent valuation). This methodology provides for a sample survey on a special system of residents of the region or residents of the country as a whole, if we are talking about a nationwide project for environmental protection. The survey should reveal how people assess this or that natural good, how they assess the damage done to the environment. There was a special term denoting the price of natural goods associated with the human environment - "the cost of living" (existence values).

We are talking about the amount, however small, that people are willing to pay to preserve the environment. For example, how much are you willing to pay for the beavers to reappear in the river, so that the remains of the old oak grove, which they want to destroy, continue to be an adornment of your favorite landscape, so that the seals live and breed freely on the islands of the Sea of ​​Okhotsk, etc.

The amounts that you are willing to pay are different, as you value certain aspects of the environment, your habitat, to varying degrees. Even if, in an extreme case, with cats, you are ready to give only a two-ruble coin, but on a Russian scale 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 estimated based on the survey.

Thus, the features contingent valuation method are as follows:

1) a sample survey according to a special system of residents of the region or residents of the country;

2) determining how people assess this or that natural good, how they assess the damage done to the environment;

3) "cost of living" (existence values)- this is the price of natural benefits associated with the human environment.

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

• COST EXPRESSION
  Syn: cost, ...
• COST EXPRESSION in the Thesaurus of the Russian language:
  Syn: cost, ...
• EXPRESSION in the Encyclopedic Dictionary:
  , -I, cf. 1. see express, -sya. 2. That in which it is manifested, is expressed by something. Price - monetary c. the value of the goods. ...
• EXPRESSION in the Complete Accentuated Paradigm by Zaliznyak:
  expression, expression, expression, expression, expression, expression, expression, expression, expression, expression, expression, ...
• EXPRESSION in the Dictionary of Epithets:
  External manifestation of feelings, state, mood, character of a person (about the face, eyes, etc.). Gambling, greedy, thoughtless, soulless, carefree, serene, indifferent, ...
• EXPRESSION in the Thesaurus of Russian Business Vocabulary:
  
• EXPRESSION in the Thesaurus of the Russian language:
  1. Syn: presentation, display, reflection 2. Syn: turnover, phrase, formulation (book), ...
• EXPRESSION in Abramov's Dictionary of Synonyms:
  see view, ...
• EXPRESSION in the dictionary of Synonyms of the Russian language:
  Syn: presentation, display, reflection Syn: turnover, phrase, formulation (book), ...
• EXPRESSION in the New explanatory and derivational dictionary of the Russian language by Efremova:
  Wed 1) The process of action by value. verb .: to express (1), to express. 2) Display, manifestation, embodiment. 3) External manifestations of the inner state of a person ...
• EXPRESSION in the Dictionary of the Russian language Lopatin:
  expression, ...
• EXPRESSION in the Complete Russian Spelling Dictionary:
  expression, …
• EXPRESSION in the Spelling Dictionary:
  expression, ...
• EXPRESSION in the Ozhegov Russian Language Dictionary:
  appearance (of the face), reflecting the internal state of Merry in the eye. Dissatisfied V. expression is a formula expressing some mathematical relationship Algebraic in. expression …
• EXPRESSION in Dahl's Dictionary:
  expressive, express, see express ...
• EXPRESSION in the Explanatory Dictionary of the Russian Language by Ushakov:
  expressions, cf. 1. Action on the verb. express-express. I can't find words to express my gratitude. 2. more often units. The embodiment of the idea in ...
• EXPRESSION in the Explanatory Dictionary of Efremova:
  expression cf. 1) The process of action by value. verb .: to express (1), to express. 2) Display, manifestation, embodiment. 3) External manifestations of the internal state ...
• EXPRESSION in the New Dictionary of the Russian Language by Efremova:
  Wed 1. the process of action according to ch. express 1., express 2. Display, manifestation, embodiment. 3. External manifestations of the inner state of a person on ...
• EXPRESSION in the Big Modern Explanatory Dictionary of the Russian Language:
  I cf. 1. the process of action according to ch. express I, express I 1., 2. 2. The result of such an action; display, manifestation, embodiment. ...
• SYMBOL in the Dictionary of Analytical Psychology:
  (Symbol) is the best possible expression or depiction of something unknown. The concept of a symbol should be distinguished from the concept of a sign. “Every mental product, because ...
• HABERMAS in the Dictionary of Postmodernism.
• METAPHOR in the Dictionary of Postmodernism:
  (Greek metaphora - transfer) - transfer of the properties of one object (phenomenon or facet of being) to another according to the principle of their similarity in ...
• INSURANCE
  - in property insurance, the absolute (value) expression of the amount for which individual objects or all property of the policyholder are insured. the concept of s.o. applies ...
• INTANGIBLE ASSETS in the One-Volume Big Law Dictionary:
  
• INTANGIBLE ASSETS in the One-Volume Big Law Dictionary:
  
• INSURANCE
  - in property insurance, the absolute (value) expression of the amount for which individual objects or all property of the policyholder are insured. The concept of S.o. applies ...
• INTANGIBLE ASSETS in the Big Legal Dictionary:
  - values ​​that have value and are not physical objects (e.g. goodwill, lease rights, licenses, patents, trademarks, know-how and ...
• INTANGIBLE ASSETS in the Big Legal Dictionary:
  - values ​​that have value and are not physical objects, for example. securities, rental rights, technologies, patents and other objects ...
• BALANCE OF PAYMENT in the Dictionary of Financial Terms:
  the ratio of monetary payments entering a given country from abroad and all its payments abroad during a certain period time ...
• STRUCTURE
  EXPORT AND IMPORT - value ratio of shares different types goods in the total amount of exports or imports ...
• INSURANCE in the Dictionary of Economic Terms:
  COVERAGE - in property insurance - the absolute (value) expression of the amount for which individual objects or all property of the policyholder are insured. Concept ...
• COMPARABLE in the Dictionary of Economic Terms:
  FOAMS - conditionally constant prices, most often tied to prices of a certain period, year. Are applied in economic analysis to compare volumetric ...
• MONETARY in the Dictionary of Economic Terms:
  STANDARD - what is generally accepted as the basis of the country's monetary system. In relation to this base, the value is determined ...
• Oratory in the Literary Encyclopedia:
  a kind of public speech, functionally and structurally opposed to colloquial, private, "everyday" communication. As opposed to colloquial speech - the exchange of more or ...
• ASH in the Literary Encyclopedia:
  Emile [? Mile Zola, 1840-1902] - French writer; son of the engineer who built the canal at Aix. One of the most significant representatives of bourgeois realism ...
• PRICE
  monetary expression of the value of the goods; an economic category that serves to indirectly measure the amount of socially necessary labor time spent on the production of goods. Scientific ...
• THE USSR. LITERATURE AND ARTS in the Great Soviet Encyclopedia, TSB:
  and art Literature Multinational Soviet literature represents a qualitatively new stage in the development of literature. As a definite artistic whole, united by a single socio-ideological ...
• SPECIAL BORROWING RIGHTS in the Great Soviet Encyclopedia, TSB:
  drawing rights "(SDR; Special Drawing Rights - SDR), international reserve settlement funds within the International Monetary Fund (IMF). Exist in the form of ...
• RUSSIAN SOVIET FEDERATIVE SOCIALIST REPUBLIC, RSFSR in the Great Soviet Encyclopedia, TSB.
• ORGANIC STRUCTURE OF CAPITAL in the Great Soviet Encyclopedia, TSB:
  the structure of capital, the value structure of capital, that is, the ratio of constant capital (c) to variable (v), determined by it ...
• CASH ACCOUNTS in the Great Soviet Encyclopedia, TSB:
  accumulation of socialist enterprises and business organizations, the value expression of the created surplus product. Present cash enterprises and organizations in two main ...
• GERMANY in the Great Soviet Encyclopedia, TSB:
  (Latin Germania, from the Germans, German. Deutschland, literally - the country of the Germans, from Deutsche - the German and Land - the country), the state ...
• GROSS PROFIT in the Great Soviet Encyclopedia, TSB:
  profit in socialist countries, a form of manifestation of net income, a value expression of the overall financial result of an enterprise's activities, that is, the monetary expression of that ...
• ELECTROSTATICS in the Encyclopedic Dictionary of Brockhaus and Euphron:
  one of the departments of the doctrine of electrical phenomena, which includes the study of the distribution of electricity, subject to its equilibrium, on bodies and ...
• BOBYL in the Encyclopedic Dictionary:
  , -ya, m. 1. A lonely poor peasant, usually landless (obsolete). 2. transfer. Lonely familyless person (colloquial). Live a bean. II ac. bean, ...
• ELECTROSTATICS*
  ? one of the departments of the doctrine of electrical phenomena, which includes the study of the distribution of electricity, subject to its equilibrium, on bodies ...
• REFRACTIVE AND LIGHT SCATTERING ABILITY OF CHEMICAL COMPOUNDS in the Brockhaus and Efron Encyclopedia:
  ? under the name C. of the ability of any body is meant a certain ratio of the refractive index of this body to its density. For the first time this concept ...

From September 9, 2017, new rules for determining the amount of the forfeit charged in the event of improper performance of contractual obligations, approved by the Decree of the Government of the Russian Federation No. 1042 (hereinafter - Rules No. 1042), are in force. They apply to purchases, notifications of the implementation of which are posted in the EIS or invitations to participate in which are sent after the specified date.

Inclusion in the contract of a condition on the payment of a forfeit

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, the condition on the responsibility of the parties (customer and supplier (contractor, performer)) for violation of the obligations provided for by the contract is mandatory, which is expressed in the payment of a forfeit (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 the fulfillment of 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: the list of cases where the above requirements may not apply is established in paragraph 15 of Art. 34 of the Law on the contract system. These are cases when the customer concludes 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 h. 1 of Art. 93 of the Law on the contract system. In such circumstances, the condition on the establishment and payment of the forfeit is not fixed in the contract.

Determination of the amount of the penalty

To date, the amount of the forfeit under the contract is calculated taking into account the Rules No. 1042. The previous rules approved by the Decree of the Government of the Russian Federation of November 25, 2013 No. 1063 (hereinafter referred to as the Rules No. 1063), have become invalid since 09.09.2017.

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

Sanctions for suppliers (contractors, performers)

Penalties.

Regulation No. 1042 expanded the list of circumstances in which fines for non-performance or improper performance by a supplier (contractor, performer) of contractual obligations are determined in different ways. Now the amount of the fine depends not only on the price of the contract, but also on who is the executor for it. If the obligation under the contract has no value, then the penalties are set in specific absolute values(see table).

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

** The amount of fines is set as a fixed amount, calculated as a percentage of the NMCK.

*** The amount of fines is set in the form of a fixed amount calculated as a percentage of the volume of attracting subcontractors, co-executors established by the contract.

As for the amount of the fine, the contractor's improper fulfillment of obligations to perform the types and volumes of work on construction, reconstruction of facilities capital construction, which he is obliged to fulfill independently without involving other persons to fulfill his obligations under the contract, then he remained at the same level - 5% of the cost of these works.

For your information: the list of works on the construction and reconstruction of capital construction facilities, which the contractor must perform independently, is established by the Decree of the Government of the Russian Federation of 15.05.2017 No. 570 (as amended by the Decree of the Government of the Russian Federation No. 1042).

Penalty.

The procedure for calculating the penalty for late performance by the supplier (contractor, performer) of obligations under the contract, in comparison with the previous one, has been simplified.

Penalty interest is now charged for each day of delay, starting from the day following the day of expiration. established by the contract the term 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, must be reduced by an amount proportional to the volume of actually fulfilled obligations.

Note: the refinancing rate from January 1, 2016 is equal to the key 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). Since 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 the amount of interest payable by the supplier (performer, contractor) (Post) , the following formula will apply:

POST = 1/300 x SZB x O x DP , where:

Signaling

O - the size of the obligation under the contract, not fulfilled in due time (the amount of debt);

DP - the number of days of delay.

Sanctions for customers

Penalties.

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

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

Penalty.

The procedure for determining the amount of penalties due to the late fulfillment by the customer of obligations under the contract is not spelled out in Regulation No. 1042. It is provided Art. 34 of the Law on the contract system, where it is said that it is charged for each day of delay in the fulfillment of the obligation provided for by the contract, starting from the day following the day of the expiration of the deadline for the fulfillment of 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 effect on the date of payment of penalty interest from the amount not paid on time.

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

PZak = 1/300 x SZB x O x DP , where:

Signaling - the key rate of the Central Bank of the Russian Federation established as of the date of payment of the penalty interest;

O - the amount of the unpaid amount on time (the amount of debt);

DP - the number of days of delay.

Of the innovations provided for by Regulation No. 1042, we highlight the following:

fines have been introduced for suppliers (contractors, performers) for violation of the terms of contracts, the price of which is from 100 million rubles. and 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;

penalties 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 a contract. They are defined as a fixed amount calculated as a percentage of the NMCK;

fines have been introduced for each fact of non-fulfillment or improper fulfillment by a supplier (contractor, performer) of an obligation stipulated by the contract, which has no value. Such fines are set in specific absolute values ​​(from 1,000 to 100,000 rubles, depending on the contract price);

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

fines for customers for non-fulfillment of obligations stipulated by the contract are established in the form of fixed amounts (from 1,000 to 100 thousand rubles, depending on the price of the contract). Previously, they were calculated as a percentage of the contract price.

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

Since September 9, 2017, the rules according to which customers charge fines and penalties under 44-FZ operate in accordance with the Decree of the Government of the Russian Federation of August 30, 2017 No. 1042. We will deal with the new rules and give some examples of the current practice of their application.

Do you need high-quality knowledge and a certificate of professional development? Register for the online course " ". The program is developed on the basis of the requirements of the professional standard "Procurement Specialist" The liability clause of the parties is essential and must be agreed between the parties to the contract. The exception is the cases specified in Part 15 of Art. 34 for separate procurement grounds from a single supplier.

As a measure of responsibility for the parties to the contract for non-fulfillment or improper fulfillment of obligations, the collection of a forfeit is envisaged in 2 forms: a fine and a penalty.

Penalty

And suppliers in the form of a penalty are established for violation of the deadlines for the fulfillment of contractual obligations in the amount of 1/300 of the key rate of the Central Bank of the Russian Federation in effect on the date of payment of penalties from the amount unpaid on time.

Calculate penalty interest using the following formula:

Penalty = Contract price x (1/300 x Key rate) x number of days overdue

The Ministry of Finance of the Russian Federation, in a letter dated April 13, 2016 No. 02-04-06 / 21780, explained that penalties are charged for each calendar day of delay, including weekends and holidays, starting from the day following the day of expiration of the term for the fulfillment of the obligation under the contract.

It is unacceptable to charge penalties in excess of 1/300 of the key rate (see the decision, order of the Omsk OFAS dated 16.10.2017 No. 03.10.1 / 279-2017).

If the supplier has not fulfilled the obligations in full, the amount of the penalty is reduced by an amount proportional to the volume of the obligations fulfilled by the supplier. When calculating the number of days of delay, the days required by the customer for the acceptance (registration of its results) of the delivered goods, work performed, services rendered should be excluded, unless otherwise provided by the contract (Letter of the Ministry of Finance of Russia dated 07.11.2017 No. 24-03-08 / 73293).

A fine is established for violation of other contractual obligations not related to terms, for example, for each fact of failure by the parties to fulfill their obligations under the contract. The RF Government Resolution No. 1042 establishes a fixed amount of the fine. Let's consider their varieties.

Customer fines

For each fact of non-fulfillment by the customer of the obligations stipulated by the contract, the amount of the fine is set in the form of a fixed amount, determined in the following order:

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

The penalty should be calculated from the price of the contract, and not from the initial (maximum) price of such a contract (decision and order of the Kemerovo OFAS dated November 28, 2017 in case No. 828 / 3-2017).

Please note that regardless of whether the contract is for 30,000 rubles or for 300,000 rubles, or even for 3,000,000 rubles, the amount of the fine will be 1,000 rubles.

Supplier fines

For each fact of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of the obligations stipulated by the contract, the amount of the fine is set in the form of a fixed amount, determined in the following order:

• 10% of the contract (stage) price if the contract (stage) price does not exceed 3 million rubles;
• 5% of the contract (stage) price if the contract (stage) price is from 3 million rubles to 50 million rubles (inclusive);
• 1% of the contract (stage) price if the contract (stage) price is from 50 million rubles to 100 million rubles (inclusive);
• 0.5% of the contract (stage) price if the contract (stage) price is from 100 million rubles to 500 million rubles (inclusive);
• 0.4% of the contract (stage) price if the contract (stage) price is from 500 million rubles to 1 billion rubles (inclusive);
• 0.3% of the contract (stage) price if the contract (stage) price is from 1 billion rubles to 2 billion rubles (inclusive);
• 0.25% of the contract (stage) price if the contract (stage) price is from 2 billion rubles to 5 billion rubles (inclusive);
• 0.2% of the contract (stage) price if the contract (stage) price is from 5 billion rubles to 10 billion rubles (inclusive);
• 0.1% of the contract (stage) price if the contract (stage) price exceeds 10 billion rubles.

From this line of penalties, choose the one corresponding to the price of your contract. In situations where the customer prescribes everything possible penalties, even with an explanation that it will exclude from the conditions everything except general fines on the supplier, when he sends the contract to the winner, such actions of the customer are recognized as a violation of the requirements of contract legislation (decision of the Omsk OFAS dated 23.11.2017 No. 03-10.1 / 298-2017).

Supplier fines - SMP or SONO

Special conditions of liability are established for cases of concluding a contract with SMP / SONO.

For each fact of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of the obligations stipulated by the contract based on the results of the purchase from the SMP / SONO, the amount of the fine is set in the form of a fixed amount, determined in the following order:

• 3% of the contract (stage) price if the contract (stage) price does not exceed 3 million rubles;
• 2% of the contract (stage) price if the contract (stage) price is from 3 million rubles to 10 million rubles (inclusive);
• 1% of the contract (stage) price if the contract (stage) price is from 10 million rubles to 20 million rubles (inclusive).

Please note that if you carried out the purchase on a general basis, and the participant who is the SMP / SONO won, nevertheless, the contract is concluded on the terms of the announced purchase, without changing the conditions on penalties for the SMP / SONO.

The situation is similar if the announced procurement for the SMP / SONO did not take place due to the recognition of only 1 application as meeting the requirements and the subsequent conclusion of the contact under paragraph 25, part 1 of Art. 93 from a single supplier, fines must be prescribed in accordance with the terms of the failed purchase according to clause 4 of the Decree of the Government of the Russian Federation No. 1042 for NSR / SONO entities (decision of the Ivanovo OFAS dated October 23, 2017 No. 07-15 / 2017-189).

Fines for the highest bidder for the right to enter into a contract

For each fact of non-fulfillment or improper fulfillment by the supplier (contractor, performer) of the obligations stipulated by the contract concluded with the winner of the procurement who offered the highest price for the right to conclude a contract, the amount of the fine is set in the form of a fixed amount, determined in the following order:

• 10% of the initial (maximum) contract price (hereinafter - NMCK) if NMCK does not exceed 3 million rubles;
• 5% of NMCK in case NMCK is from 3 million rubles to 50 million rubles (inclusive);
• 1% of NMCK in case NMCK is from 50 million rubles to 100 million rubles (inclusive).

These provisions apply only in the case of an electronic auction with the so-called crossing "0". Accordingly, when holding an auction, the conditions under consideration should be included in the draft contract, since the customer never knows in advance how the situation will develop, whether the procurement participants will decrease to "0". Moreover, in the absence of appropriate conditions, the antimonopoly authorities indicate to customers that they have violated the requirements of contractual legislation (decision of the Chelyabinsk OFAS dated October 30, 2017 No. 732-zh / 2017).

Fines for a supplier for improper performance of an obligation that has no value

For each fact of non-fulfillment or improper fulfillment by a supplier (contractor, performer) of an obligation stipulated by the contract, which does not have a value 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:

• 1000 rubles, if the contract price does not exceed 3 million rubles;
• 5,000 rubles, if the contract price is from 3 million rubles to 50 million rubles (inclusive);
• RUB 10,000 if the contract price is from RUB 50 million to RUB 100 million (inclusive);
• RUB 100,000 if the contract price exceeds RUB 100 million.

The penalty is set from the price of the contract. The contract must highlight the relevant obligations that do not have a value expression, the violation of which will be the basis for the application of the established fines. These may be obligations to provide the appropriate shipping documents, requirements for the delivery of goods, requirements for not exceeding the permissible level of marriage, etc. in violation of the requirements of contractual legislation (see the decision of the Chelyabinsk OFAS dated 20.10.2017 in case No. 713-z / 2017).

RF Government Decree No. 1042 also establishes special fines for procurement participants for failure to comply certain types requirements:

• The penalty for improper performance by the contractor of obligations to perform the types and volumes of construction work, reconstruction of capital construction projects, which the contractor is obliged to perform independently without involving other persons in the performance of his obligations under the contract, is set at 5% of the cost of the specified work.
• The penalty for the supplier, levied if, in accordance with Part 6 of Art. 30, the contract provides for a clause on civil liability for non-fulfillment of the clause on attracting subcontractors, co-executors from the SMP (SONKO) to the execution of the contract - set at 5% of the volume of such involvement established by the contract.

When describing the conditions for the application of liability measures for the parties to the contract, it is necessary, among other things, to establish a condition that the total amount of the forfeit cannot exceed the price of the contract. The absence of such a condition is regarded by the control authorities as a violation of the requirements of the legislation on the contract system (decision of the Chelyabinsk OFAS dated 03.11.2017 in case No. 257-VP / 2017).

The above measures of liability for the parties to the contract require the customer to thoroughly study the draft contract, analyze the appropriate conditions for bringing to responsibility for non-performance, improper performance of contractual obligations. The customer should specify in the contract all the features of the application of the penalty. An indication of a simple reference to the application of a legal forfeit testifies to the improper performance by customers of their obligation to comply with the requirements of contractual legislation (decision of the Omsk OFAS dated 15.11.2017 No. 03-10.1 / 295-2017).

In conclusion, it should also be noted that when concluding individual contracts with special regulations, the customer should be guided by the relevant regulations. So, for example, when concluding an energy supply contract, a penalty is established, determined by par. 8 h. 2 tbsp. 37 of the Federal Law of March 26, 2003 No. 35-FZ "On the Electricity Industry". This position is stated, among other things, in the Review of Judicial Practice, approved by the Presidium of the Supreme Court of the Russian Federation on October 19, 2016. Similarly, when concluding a contract for the provision of OSAGO services, a penalty is established in accordance with clause 21 of Article 12 of the Federal Law of 25.04.2002 No. 40-FZ "On Compulsory Insurance of Civil Liability of Owners Vehicle", And not in accordance with Federal law on the contract system and Resolution of the Government of the Russian Federation No. 1042.

Inclusion in the contract of a condition on the payment of a forfeit

State institutions, concluding contracts for the purchase of goods, works, services to meet state (municipal) needs, act on behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipal formation and act as customers (clause 2 of article 764 of the Civil Code of the Russian Federation, clause 5, 6, 8 Article 3 of the Law on the Contract System).

In such contracts, a condition on the parties (customer and supplier (contractor, performer)) for violation of the obligations stipulated by the contract is mandatory, which is expressed in the payment of a forfeit (fine, penalty) (clauses 4, 5, 6 of article 34 of the Law on contract system).

At the same time, in case of delay in the fulfillment of 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: the list of cases where the above requirements may not apply, in paragraph 15 of Art. 34 of the Law on the contract system. These are cases when the customer concludes a contract with a single 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 h. 1 tbsp. 93 of the Law on the contract system. In such circumstances, the condition on the establishment and payment of the forfeit is not fixed in the contract.

Determination of the amount of the penalty

To date, the amount of the forfeit under the contract is calculated taking into account the Rules No. 1042. The previous rules approved by the Decree of the Government of the Russian Federation of November 25, 2013 No. 1063 (hereinafter referred to as the Rules No. 1063), have become invalid since 09.09.2017.

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

Sanctions for suppliers (contractors, performers)

Penalties.

Regulation No. 1042 expanded the list of circumstances in which fines for non-performance or improper performance by a supplier (contractor, performer) of contractual obligations are determined in different ways. Now the amount of the fine depends not only on the price of the contract, but also on who is the executor for it. If the obligation under the contract has no value, then the penalties are set in specific absolute values ​​(see table).

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

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• Violations of the legislation on the contract system

** The amount of fines is set as a fixed amount, calculated as a percentage of the NMCK.

*** The amount of fines is set in the form of a fixed amount calculated as a percentage of the volume of attracting subcontractors, co-executors established by the contract.

As for the amount of the fine, the contractor's improper fulfillment of obligations to perform the types and volumes of construction work, reconstruction of capital construction projects, which he is obliged to perform independently without involving other persons in the performance of his obligations under the contract, then it remained at the same level - 5% of the cost of these works ...

For your information: the list of works on the construction and reconstruction of capital construction facilities, which the contractor must perform independently, is established by the Decree of the Government of the Russian Federation of 15.05.2017 No. 570 (as amended by the Decree of the Government of the Russian Federation No. 1042).

Penalty.

The procedure for penalties for late fulfillment by a supplier (contractor, performer) of obligations under the contract, in comparison with the previous one, has been simplified.

Now, penalties are charged for each day of delay, starting from the day following the day of expiry of the contractual 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, must be reduced by an amount proportional to the volume of actually fulfilled obligations.

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). Since 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 the amount to be paid by the supplier (performer, contractor) (Post) , the following formula will apply:

POST = 1/300 x SZB x O x DP , where:

Signaling

O - the size of the obligation under the contract, not fulfilled in due time (the amount of debt);

DP - the number of days of delay.

Sanctions for customers

Penalties.

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

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

Penalty.

The procedure for determining the amount of penalties due to the late fulfillment by the customer of obligations under the contract is not spelled out in Regulation No. 1042. It is provided Art. 34 of the Law on the contract system, where it is said that the penalty is calculated for each day of delay in the fulfillment of the obligation provided for by the contract, starting from the day following the day of the expiration of the deadline for the fulfillment of 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 effect on the date of payment of penalty interest from the amount not paid on time.

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

PZak = 1/300 x SZB x O x DP , where:

Signaling - the key rate of the Central Bank of the Russian Federation established as of the date of payment of the penalty interest;

O - the amount of the unpaid amount on time (the amount of debt);

DP - the number of days of delay.

Of the innovations provided for by Regulation No. 1042, we highlight the following:

fines have been introduced for suppliers (contractors, performers) for violation of the terms of contracts, the price of which is from 100 million rubles. and 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;

penalties 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 a contract. They are defined as a fixed amount calculated as a percentage of the NMCK;

fines have been introduced for each fact of non-fulfillment or improper fulfillment by a supplier (contractor, performer) of an obligation stipulated by the contract, which has no value. Such fines are set in specific absolute values ​​(from 1,000 to 100,000 rubles, depending on the contract price);

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

fines for customers for non-fulfillment of obligations stipulated by the contract are established in the form of fixed amounts (from 1,000 to 100 thousand rubles, depending on the price of the contract). Previously, they were calculated as a percentage of the contract price.

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

work contract penalty forfeit