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What should I do if I haven't been paid according to the state contract?
Currently, there is a massive violation of the rights of entrepreneurs in terms of non-fulfillment or improper fulfillment by customers of obligations to pay for the supply of goods/ work performed under state and municipal contracts.
The issue of non–payment of government contracts is a sore point for entrepreneurs. Funds that have not been credited to the account on time include wage arrears, loan delays, penalties and fines, and loss of supplier confidence. For small businesses, non-fulfillment of financial obligations by the state may threaten the closure of production.
What should I do if you HAVEN't been PAID under the executed government contract?
The CCI of the Russian Federation has developed samples of documents for applying to the relevant authorities in order to restore and protect the violated rights of entrepreneurs.
In addition, a slide scheme has been developed specifically for entrepreneurs, representing the algorithm of actions of the contractor in case of non-payment of the contract within the time limits established by law.
· writing a claim to the customer;
· filing a claim with the arbitration court of a constituent entity of the Russian Federation;
· contacting the prosecutor's office of your constituent entity of the Russian Federation.
It is important to know that you can contact the Prosecutor's Office of the Russian Federation at any stage.
Additionally, we inform you that, according to the order of the Prosecutor General of the Russian Federation,The All–Russian Business Reception Day, which is held during business hours on the first Tuesday of each month by employees of all structural divisions of the Prosecutor's Office of Russia - from the Prosecutor General's Office of the Russian Federation to the city and district prosecutor's offices.
Starting from December 16, 2016, the payment term for state and municipal contracts for SMEs is 30 days from the date of signing by the customer of the document on acceptance of goods (performance of work, provision of services) under the contract (a separate stage of the contract) (clause 14 (3) of the Regulations, approved by the Government of the Russian Federation). By Decree of the Government of the Russian Federation dated 11.12.2014 No. 1352).
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Documents:
►Sample Claim for non-payment of completed works.DOC
►Sample Claim for non-payment of goods delivery.DOC
►A sample Claim for non-payment of the delivered goods.DOC
►A sample Claim for unpaid work.DOC
►Sample application to the Prosecutor's Office.DOC
Source: Omsk CCI Press Service
