The legislation of the Russian Federation provides for the termination of the state contract only by decision of the court or by agreement of the parties. However, the supplier has the right to demand its early termination only if it is indicated in the contract itself.
Instruction manual
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: - failure to fulfill or improper performance by the supplier (contractor, executor) of obligations; - violation of the deadlines for the supplier (contractor, executor) to fulfill obligations;, contractor), not provided for by the current contract.
2
Send the contract termination proposal signed by the head of the government organization to the supplier. Indicate the deadline for receiving a response (if there is no indication of this, the deadline stipulated by law is 30 days).
3
If you have received consent, draw up an agreement to terminate the contract in the same form as the previously concluded contract. Specify all conditions for termination of the contract, the amount and amount of penalties in compensation for damage to both parties. You can not indicate the reasons for the termination of the contract in the agreement, unless otherwise provided by its terms.
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 termination of the contract, and the circumstances that led to non-fulfillment of its terms by the supplier.
5
If you are a supplier for which a state or municipal institution has not fulfilled its obligations, then you can also first send a proposal to terminate the contract, and then conclude an agreement. However, if there is no such clause in the contract or if you have not received a response, contact the court with a claim for damages. To do this, prepare all the documents confirming the actual performance of the work, their cost and volume, and most importantly - the acts on their acceptance signed by the defendant (representative of the state institution).
