Instructions: how to write an application for termination of a service agreement

On what basis are they asking for termination of the contract?

In accordance with the provisions of Art. 782 of the Civil Code, both the customer and the contractor have the right to terminate the relationship early. Wherein:

• if the initiative comes from the customer, he is obliged to pay the contractor for the costs incurred. If the contractor did not have time to incur any expenses, the customer simply submits an application to refuse services, and the parties part ways;
• if the initiative of the contractor, he is obliged to compensate the customer for losses, if any.

The law does not establish a specific list of cases in which the parties have the right to initiate termination of relations; for example, the following reasons are allowed:

• the customer no longer needs the services provided by the contractor;
• the customer is not satisfied with the quality or speed of the contractor’s work;
• The contractor is not satisfied with the delays in payment that the customer allows.

Unilateral refusal to execute a government contract: instructions for the customer

Here is how unilateral termination under 44-FZ occurs step by step in 2022:

1. We identify the grounds for termination.
2. We decide to terminate.
3. We notify the offender.
4. We check that he is properly notified.
5. We cancel the decision if the shortcomings have been corrected.
6. We are terminating the government contract.
7. We conclude a new deal with the second participant.

In 2022, the algorithm for unilaterally terminating a contract under 44-FZ will change due to the entry into force of Part 12.1 of Art. 95 44-FZ.

After identifying the grounds, customers will have to use the Unified Information System to formulate and sign a decision on unilateral refusal.

Within an hour after publication, it will automatically be sent to the supplier. The document is considered received by the supplier on the day of receipt in accordance with the time zone in which it is located.

The direction of the decision is recognized as proper notification to the supplier. It turns out that the date of proper notification is the date of receipt by the supplier.

In effect, the unilateral refusal process will be shortened by eliminating the time period given to notify the supplier.

IMPORTANT!

This algorithm will work from 07/01/2022. And from 01/01/2022 until this date, a transitional stage applies. This is indicated in paragraph 6 of Art. 8 360-FZ.

Still have questions? ConsultantPlus experts discussed how to terminate a contract under 44-FZ unilaterally by the customer in 2022. Use these instructions for free.

How to write an application

There are no strict legal requirements for how to write a statement of termination of a contract. The main thing is that its text contains all the important information necessary to end the relationship.

The text of the appeal consists of three semantic blocks:

• headers indicating the names and addresses of the parties to the relationship;
• the main part, where the details of the contract to be terminated are stated, its subject - what services are provided, the applicant’s desire to terminate the relationship and the date of the proposed termination. If necessary, the reasons for refusing further cooperation are also indicated here;
• the final part includes the demands put forward by the applicant: to terminate the agreement, as well as, if necessary, additional demands, for example, to return the advance payment previously paid or to compensate for losses incurred.

The text ends with a list of attachments, if any, and the signature of the applicant.

Here is an example of a sample application for termination of a contract for the provision of telephone services:

Form:

How to terminate

By mutual agreement

The parties have the right to agree and terminate the contract by agreement of the parties, this is done before the expiration of its term. The basis is mutual agreement (clause 1 of Article 450 of the Civil Code). Please note that:

• to terminate an agreement concluded in favor of a third party, it is necessary to obtain his consent, unless otherwise provided by law, other legal acts or by himself (clause 2 of Article 430);
• in a multilateral transaction, the consent of the majority of the parties is sufficient if this is allowed by the business contract and is not prohibited by law (Clause 1 of Article 450 of the Civil Code of the Russian Federation).

Out of court unilaterally

Such termination is carried out on the grounds provided for:

• law or other legal act;
• agreement (its violation by the counterparty, the occurrence of specified circumstances).

IMPORTANT!

If only one of the parties conducts business activities, then unilateral termination of the contract in the Civil Code of the Russian Federation is permitted only to its counterparty (clause 2 of Article 310 of the Civil Code).

Through the court

The Civil Code determines the procedure for terminating a contract in court and prescribes the grounds for this:

• significant violation of the terms by the other party (clause 2 of Article 450 of the Civil Code). The violation is recognized as material by law or agreement. To terminate, you will have to prove that it was completed, or justify its significance, if it was not named in the law or agreement as the basis for termination;
• other violation provided for by law or contract (clause 2 of article 450 of the Civil Code of the Russian Federation). Example - violation of the terms of the lease provided for in paragraph 3 of Art. 611 and art. 620 GK;
• the occurrence of other circumstances provided for by law or contract that are not related to the violation of the latter (Clause 2 of Article 450 of the Civil Code of the Russian Federation). For example, the prescribed basis is a unilateral change in price by the counterparty;
• a significant change in circumstances (clause 1 of Article 451 of the Civil Code), which is very difficult to prove.

How to send it to the performer

The request should be sent to the counterparty in a way that will later confirm receipt of the request:

• hand over personally to the representative of the counterparty, in this case, on a second, identical copy, which remains with the applicant, obtain the signature of the accepting representative as confirmation of the transfer of the application;
• send by registered mail with return receipt requested;
• use the electronic document management system, if it is provided for in the agreement and allows you to confirm the fact of sending and receiving requests between counterparties.

What documents are needed to go to court?

To go to court you need to collect the following package of documents:

• the original of the paid state fee (details for paying the state fee can be downloaded on the website of the court to which you will file the claim);
• an agreement on mutual obligations that must be terminated;
• notice of termination of the contract and supporting documents regarding the transfer of this letter (a list of attachments and a postal receipt of delivery may serve as a supporting document);
• documents confirming the basis for termination of the relationship (for example, your email correspondence, examination, letters from the counterparty);
• representative's power of attorney.

It is also necessary to make copies of all documents in the required quantity according to the number of persons participating in the case.

What to do next

Subsequent actions of the parties depend on the terms of cooperation and the nature of their relationship. The ideal option is to enter into a termination agreement. But it is not always required: the text of the initial agreement often stipulates that the moment the counterparty receives a notice of termination, the relationship is terminated without any agreement.

In some cases, after sending and receiving a written request - an application to terminate the contract - the parties need to fulfill final obligations to each other, for example, to reimburse incurred expenses or losses. The procedure for carrying out these actions is either described in the original document or agreed upon additionally.

If the parties have no obligations to each other, and the termination of the relationship occurs when the other party receives a statement of refusal of services, the relationship is terminated without any additional actions.

Methods for terminating the contract

There are three ways to terminate a contract: by agreement of the parties, unilaterally or through the court - under Art. 450 and art. 450.1 Civil Code of the Russian Federation.

Termination by agreement of the parties

The customer and the contractor agree: there is no point in continuing. There are two options: to separate silently or by written agreement. The agreement will confirm that there are no longer mutual obligations between the parties. Even if the customer goes crazy, he will not demand a sudden penalty. Sign the agreement for peace of mind.

The termination agreement is essentially an annex to the contract. Therefore, they draw it up in the same way as a contract. If the agreement was signed on paper, prepare a paper document. If the contract was certified by a notary, they go to him again.

The agreement states:

— Should the unearned advance be returned? If yes, by what date?

— Whether to return the result of unfinished work under a contract.

— From what date does the contract cease to be valid? If you do not specify a date, the contract will be terminated from the date the agreement is signed.

Termination of the contract unilaterally

A unilateral refusal is a notice. You tell the customer: “We are no longer working,” and the contract ceases to be valid.

The right to unilateral refusal arises if it is specified in the contract or the Civil Code. In the contract, check the sections “Termination Procedure” and “Final Provisions”.

The contract is terminated unilaterally under Art. 716 and 719 of the Civil Code of the Russian Federation, if:

— The customer provided unsuitable material or inappropriate technical documentation. For example, a client demands to renovate an apartment according to a design project, but it does not correspond to the layout of the apartment.

— The contractor was waiting for materials or technical documentation from the customer - and never received it. For example, to create a website, information about a product is needed, but the customer did not share it.

— The customer’s requirements will lead to poor results or missed deadlines. The customer did not respond to the warning. For example, the customer is having a wedding. She signed a contract with the seamstress. During the process, the customer became obsessed with silk and demanded that this material be used. The seamstress warned that in this case she would not be able to complete the work on time - first verbally, then in writing. She had to break the contract.

The contract for the provision of services is terminated at any time under Article 782 of the Civil Code of the Russian Federation.

To terminate the contract:

— Under the service agreement, the customer’s losses are fully compensated.

— According to the contract, the unfinished product is returned to the customer. For example, an unfinished dress.

Warn the customer about the termination of the contract in an official form: send a registered letter with a list of the contents and a receipt. In the event of a trial, an inventory of the attachment will confirm that you sent a message about the termination of the contract, a notification of delivery will confirm that the customer received the letter. Send the letter to the address in the contract.

Termination of a contract through court

If the client is against terminating the contract, all that remains is to go to court.

The general reasons for breaking a contract are specified in Art. 450, art. 451 Civil Code of the Russian Federation:

— The customer significantly violated the contract. This causes losses to the contractor that he did not expect. For example, the owner of the office did not transfer money for construction materials. The time frame for starting repairs has been delayed, and the contractor needs to proceed with the next orders.

— Circumstances have changed significantly, which the parties did not foresee. For example, trade relations with a country have been stopped, so the reseller of goods from it cannot continue deliveries.

In practice, the contract is usually terminated on the first ground.

The order is:

1. Send the client a written proposal to terminate the contract. Set a deadline for response - or it will be the standard 30 days. Send the letter with a description of the attachment and a receipt.

2. Get rejected or wait until the deadline has passed.

3. Send the statement of claim to the court and a copy to the customer. It is better to prepare a statement of claim with a lawyer. The court will consider only the requirements that are stated in it.

What to include in contracts with customers for the future

The most convenient form of breaking a contract is unilateral refusal. In any agreement you can specify the grounds for it. For reasons, take specific situations from your practice. Arbitrary conditions will not work - for example, an unfavorable alignment of the stars or a bad mood. Art. 450.1 Civil Code of the Russian Federation.

For example, in a contract for tailoring, it can be stated that the tailor has the right to refuse work if:

a) the customer brought unsuitable fabric;

b) the customer does not come to the fitting when the tailor is called.