The Moscow Business Ombudsman helped the entrepreneur to receive payment for the executed state contract.
Violations related to late payment of executed state and municipal contracts, throughout the entire period of activity of the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev, are among the five most common complaints of Moscow business.
At the same time, the effectiveness of solving such issues with the assistance of the regional business Ombudsman tends to 90%.
An individual entrepreneur engaged in medical supplies faced a similar problem. At the beginning of September last year, having won an electronic auction, a supply contract was concluded between him and the federal state budgetary institution "NMIC of Endocrinology" of the Ministry of Health of the Russian Federation.
The terms of the contract provided for the shipment of goods in the amount of 1000 units, but the institution accepted and paid only a tenth.
The remaining batch of medical consumables in the amount of 900 pcs for the purpose of timely and full fulfillment of obligations under the contract was delivered by the entrepreneur to the institution in December, but the acceptance of the goods was verbally refused.
The businessman sent a claim, which was left without satisfaction.
Having not received the due payment for the obligations fulfilled in full, the entrepreneur turned to the contact center of the Commissioner for the protection of his rights and legitimate interests. During the discussion of the problem, he was offered options, including participation in the trial.
Thus, a representative of the Moscow Business Ombudsman was involved in the court proceedings as a third party who does not declare independent claims regarding the subject of the dispute. In March, the Arbitration Court of Moscow agreed with the arguments of the Commissioner and obliged the institution to fulfill the terms of the state contract – to accept and pay for the goods in full.
According to the entrepreneur, funds in the amount of 213 300 rubles were promptly transferred to his current account.
"The debt on executed municipal contracts to entrepreneurs remains one of the sore points, despite the measures taken at the federal level. The reasons for not paying officials are very diverse: either the money in the budget has run out, or claims are pouring out too much. However, I do not tire of repeating, state and municipal customers must responsibly approach the fulfillment of their obligations if we want to see an increase in the number of SMEs. For many entrepreneurs, the lack of payment means closing a business. And for the state, this means the loss of taxes and jobs," Vladimir Golovnev commented.