From year to year, money is credited to the entrepreneur's account only after the intervention of the Moscow Region Business Ombudsman.
Due to the inaction of state budgetary institutions, a Limited Liability Company from the Odintsovo city district has been a "regular customer" of the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region for the past two years.
The company participates in electronic auctions organized by the state budgetary institutions "Zhilishchnik" of different districts of Moscow, according to the results of which, offering the best price, it enters into contracts.
From year to year, an entrepreneur, delivering goods on time and in full, faces a delay in its payment. For the solution of the issue, he annually submits relevant applications to the interdistrict prosecutor's offices of Moscow. However, the terms of consideration of documents are delayed, and there is no progress on appeals.
Once again, without waiting for a timely reaction, the businessman, taking into account the positive experience of last year's appeal to the Moscow Region Commissioner Vladimir Golovnev, again sent a complaint against the actions of state budgetary officials (GBU).
The Moscow City Prosecutor's Office, based on the results of the business Ombudsman's appeal, revealed violations by state institutions of the legislation on the contract system and, in relation to the guilty official of one of the GBU, issued a resolution on the initiation of an administrative offense case provided for in part 1 of Article 7.32.5 of the Administrative Code of the Russian Federation, which is under consideration by the Main Control Department of Moscow.
As a result, the existing debt to the entrepreneur has been repaid. But the businessman fears that history may repeat itself again in the coming year.
"As practice shows, timely fulfillment of the terms of a state or municipal contract is only half the battle. Getting the payment due for it becomes an impossible task for many businessmen–" commented Vladimir Golovnev. - Every year, complaints related to the violation of payment deadlines for executed contracts are among the five most numerous topics of appeals. As a percentage, about 15% of complaints relate to this issue. Only over the past year, thanks to our intervention, debts in excess of 15 million rubles were repaid to Moscow Region businessmen."