The legislation of the Russian Federation provides for the termination of a state contract only by a court decision or by agreement of the parties. However, the supplier has the right to demand its early termination only if this is indicated in the contract itself.
Instructions
Step 1
If you are a representative of a state or municipal institution, you have the right to demand early termination of the contract subject to: - non-fulfillment or improper fulfillment by the supplier (contractor, performer) of obligations; - violation of the terms for the supplier (contractor, performer) of obligations; - unjustified overpricing by the supplier (contractor), performer), not provided for by the current contract.
Step 2
Submit the contract termination proposal signed by the head of the government agency to the supplier. Indicate the period for receiving a response (if there is no indication of this, the period provided by the legislation is set - 30 days)
Step 3
If you have received your consent, draw up a termination agreement in the same form as the previous agreement. Specify all the terms of termination of the contract, the amount and amount of penalties in compensation for damage to both parties. You do not have to indicate the reasons for the termination of the agreement in the agreement, unless otherwise provided by its terms.
Step 4
If during this time you do not receive a response from the supplier or receive a refusal, contact the arbitration court. The court will consider both the possibility of terminating the contract and the circumstances that led to the failure to fulfill its conditions on the part of the supplier.
Step 5
If you are a supplier in respect of which a state or municipal agency has not fulfilled its obligations, then you can also send first a proposal to terminate the contract, and then conclude an agreement. However, if there is no such clause in the contract, or if you do not receive a response, go to court for damages. To do this, prepare all documents confirming the actual performance of the work, their cost and volume, and most importantly - the acts of acceptance signed by the defendant (representative of the state institution).
