The interaction of the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region, Vladimir Golovnev, and the Moscow City Prosecutor's Office helped to return funds to an individual entrepreneur from Kolomna under an executed state contract.

In December 2021, the entrepreneur won the auction and concluded a contract with the Moscow state budgetary institution "Zhilishchnik of the Metrogorodok district" for the supply of steel profiles in the amount of 318,575 rubles.

In April, within the terms specified by the contract, the goods were delivered to the customer. According to the terms of the contract, payment must be made within 10 working days from the date of signing the acceptance certificate.

In violation of the requirements of Article 34 of Federal Law No. 44-FZ dated 05.04.2013 "On the contract system in the field of procurement of goods, works, services for state and municipal needs", the delivered goods were not paid for. The entrepreneur's attempts to resolve the issue on her own were unsuccessful, and she appealed to the Commissioner with a complaint about the inaction of the institution to pay the debt.

"I invested my own funds in order to fulfill obligations to supply goods for the needs of the State Budgetary Institution, delivered the goods in the amount and terms established by the contract <...> and the state customer claims that he does not have the funds for this. And now I need to look for and spend additional funds to pay for the services of a lawyer, to conduct claims and judicial work  in the near future, to bear legal costs," the entrepreneur said in her appeal.

Taking into account the established interdepartmental interaction of the Moscow Business Ombudsman with the Moscow prosecutor's office, Vladimir Golovnev sent the materials of the appeal to the prosecutor.

Based on the results of their consideration by the Preobrazhenskaya Interdistrict Prosecutor's Office of Moscow, the head of the Moscow state budgetary institution "Zhilishchnik of the Metrogorodok district" was presented with an idea on eliminating violations of the legislation on the contract system in the field of procurement of goods, works, services for state and municipal needs. Also, in connection with the violation of the payment term of the contract, the interdistrict prosecutor's office issued a resolution against the official to initiate an administrative offense case under part 1 of Article 7.32.5 of the Administrative Code of the Russian Federation, which is under consideration by the Moscow Main Control Department.

According to the applicant, in July the debt under the contract was repaid in full.