The conclusion and termination of municipal contracts is governed exclusively by the provisions of the Federal Law of July 21, 1995 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" and the second part of the Civil Code. The contract can be terminated by unilateral expression of will, by agreement of the parties and for other reasons.
Instructions
Step 1
Read the terms of the contract. As a rule, the document contains a section in which the conditions for its termination are clearly spelled out. If you decide to terminate obligations ahead of schedule, then make a written notification, send it to the other party. This can be done using a certified letter or delivered in person; the main thing is not less than two weeks before the end of the legal relationship. When you receive a positive answer, write an agreement to terminate the municipal contract. In it, indicate the paragraph of Article 94-FZ, where the basis for concluding the contract is written (request for quotations, the result of a tender or auction, or a single supplier). Next, write down the grounds for termination of the agreement and the conditions for the entry into force of the agreement. Have at least two copies of the document, one for each side. You do not need to notarize it. The signatures of the parties and the seal of the organizations are required.
Step 2
Check if there are any conditions in the contract under which unilateral refusal to execute the transaction is impossible. In this case, you need to go to court, usually an arbitration court. The officials will review your claim, examine the requirements and, if they comply with the law, fully comply. Here, a prerequisite is not the expiration of the contract at the time of the acceptance of the case in proceedings. You can draw up a statement of claim yourself or resort to the services of specialists. You can also submit a document to the court in cases where the other party refused to voluntarily terminate the contract, or when more than 30 days have passed since the notice with the proposal to terminate the contract was sent and no response was received.
Step 3
Take a copy of the court decision, on the basis of this document you will be able to enter information on the termination of obligations in the register of termination of contracts. When you terminate a legal relationship by mutual consent, you must submit information to the same register. This procedure is also mandatory when the contract expires.
Step 4
Enter information about the termination of the contract in the relevant register no later than one day after the issuance of the document giving the right to such termination of legal relations. This information is filled out in the same way as information about entering the municipal contract into the register of contracts. Indicate the name of the organization that carried out the request for quotations, auction, competition. Write the number of the contract about which the auction was held, the results of the procedure, the protocol number, write down the grounds for termination of obligations and the date of expiry of the contract. Enter the information in the register yourself or take it to an official authorized to keep records of the conclusion and termination of municipal contracts. The FAS (Federal Antimonopoly Service) checks the correctness of the drafting and termination of contracts, the timing of the drafting and execution of documents.
