The responsibility of the customer and the supplier (contractor, executor) for default and improper execution of obligations under the contract

The article is devoted to the measures of responsibility of the customer and the supplier (contractor, executor) for default or improper execution of obligations under the state (municipal) contract concluded within the framework of the Federal Law 44-FL of 05.04.2013 “On the contract system in the sphere of procurement of goods, works, services for state and municipal needs”. The responsibility of the parties to a contract for state and municipal needs for default or improper execution of con- tractual obligations is built on the general principles of civil-legal responsibility. Promptness of delivery of goods in the proper quality, quantity and product range covered for in the supply contract, and their titmouse payment, in other words, the ex- ecution of the essential terms of the contract - a necessary condition for the successful development of market relations and the economy as a whole. Proper execution of the obligations in contractual-legal relationships as a whole is one of the main principles. Mandatory conditions on the responsibility of the customer and the supplier for default and improper execution of the obligations specified in the contract (Part 4 of the Article 34 of the Law №44-FL) are incorporated in concluding contracts between parties. But as practice shows, there are exceptions to this rule in some cases. A party to the contract is excused from payment of a damage (penalty duty, default interest) if it proves that the obligation specified in the contract is defaulted or improperly executed due to force majeure circumstances or the fault of the other party (Part 9 of the Article 34 of the Law №44- FL). In some cases the courts exempt parties from responsibility for default and improper execution of obligations, assessing the contractual conditions and the legal standards, established by civil law. But taking into account the provisions of the Law №44-FL, the customer is obliged in case of non-compliance with the obligations under the state contract to demand payment of damage for the delay in the performance by the supplier of the obligations specified by the state contract.