KS: Delay in fulfilling an obligation under a municipal contract is tantamount to its failure to fulfill it

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Continuous spelling “failure to comply”

We will write “failure” if in an affirmative sentence the word expresses the opposite meaning or it can be replaced by a synonymous expression without “not” (for example, failure, violation or ignoring).

We managed to find a synonym, which means that in a noun “not” is a prefix that should always be written together.

In the text, the phrase takes on the following meaning: “failure, failure to implement previously planned work, plan, schedule, etc.”

Dismissal for repeated failure to fulfill job duties

In order not to make a mess when filing a dismissal and not to draw up documents in a hurry, given that there are no standardized forms for most of them, we recommend that you stock up in advance on your own forms of documents that may be needed in the future - for specific situations:

acts of being late for work, of failure to fulfill instructions, of failure to provide written explanations, of refusal to certify with one’s signature the fact of familiarization with documents, of issuing a work book, etc.;
memos regarding disciplinary action;
demands for written explanations, etc.

Many companies have developed and implemented special regulations for bringing to disciplinary liability with detailed procedures, using flowcharts, document templates, etc. This, of course, helps optimize labor costs in registering dismissals and, if necessary, allows management to calculate which of those responsible is at fault. Personnel and other departments in practice made mistakes in drawing up documents that influenced (or could have influenced) further challenging the dismissal. However, the presence of such regulations can also play against the employer if he violates the rules established by him, and the employee uses this as an argument in his favor when considering a dispute about reinstatement in court. Therefore, it is better to draw up for yourself a brief step-by-step instruction for dismissal on each of the so-called guilty grounds and update it as information about changes in current regulations becomes available (or when new trends in judicial practice are identified in the relevant groups of disputes, as is often the case with us now ). So, ready-made step-by-step instructions on how to fire under clause 5, part 1, art. 81 of the Labor Code of the Russian Federation, you already have it, just print out the text of the article and keep it at hand as a reminder.

Then, when you receive an instruction from management to fire any negligent employee “under the article”, you will be able to quickly draw up the necessary documentation and consult all the officials involved: who needs to draw up what memo, in whose presence an act of failure to provide a written explanation will be drawn up, etc.

This article will help you in drawing up document forms - see ready-made document samples in Examples 1–4, 7, 10, etc.

Declension of the word "failure"

Let's decline the analyzed expression according to the cases below:

Note that the word changes, like other nouns of the 2nd declension.

Example sentences

Let's consider what words in a sentence the noun being studied can be combined with:

Failure to comply with the established rules resulted in subsequent arrest.
The management equated the failure of employees to fulfill the plan with absenteeism.
Regular failure to complete homework threatened Oleg with expulsion from school.
The deputy paid with work for failure to fulfill official duties.
Failure to fulfill the employment contract by one of the parties entails problems with the law.
Failure to fulfill your direct responsibilities in marriage can lead to separation.
Boris Petrovich was laid off due to regular failure to fulfill the schedule.
The father says that failure to comply with production standards threatens them with large fines.

Demolish the unauthorized building.

Practice in such cases varies. The courts awarded 500 rubles. for each day of non-fulfillment, but not more than 300 thousand rubles; 200 thousand rubles. in case of failure to comply with the decision within a certain period, and in case of further failure - 100 thousand rubles. per month.

The defendant has the right to object to the amount of the penalty and present relevant evidence. In one case, the defendant presented evidence that he was trying to resolve the dispute amicably, and this reduced the amount of the legal penalty. But the court will not accept formal objections, for example that the party has no intention not to comply with the decision.

Separate writing of “non-fulfillment”

It is necessary to write the particle “not” separately with the lexeme – “non-execution”, if one or more of the following conditions are encountered in the test:

the presence of opposition, which is expressed by the conjunction “a”;
before the noun being studied there is one of the stable combinations: “not at all”, “far from” or “not at all”;
it is impossible to select synonymous lexemes for the expression;
the word is used in an interrogative sentence with a logical emphasis on negation;
before “not fulfilling” there are adverbs that begin with “neither” (for example, not at all, not at all, etc.).

Example sentences

Examples of contexts will help us remember in which cases we need to write the analyzed phrase separately with the particle “not”:

It was not the completion of assigned tasks, but friendship with his superiors that helped Mikhail climb the career ladder.
It was not doing algebra assignments that helped him get into college.
The company's priority was not to fulfill the plan.
It was not execution, but complete indifference to matters that alienated the son from his father.
It was not Masha’s performance in the competition that influenced how she completed the academic quarter.
It was not fulfilling all her duties, but her flexible character that allowed Tatyana Mikhailovna to quickly join the team.
Was it not following my instructions that upset him so much?
Isn't following clear instructions your main concern?

When it is not possible to collect a legal penalty

Sometimes circumstances arise that objectively prevent the execution of a judicial act on time. In such cases, defendants file applications for a deferment or installment plan, for example, due to the seasonality of the work that needs to be performed in connection with the decision. If the court satisfies the request, it will determine the period during which the court penalty will not be accrued.

The courts look at at what point an objective impossibility of fulfilling the obligation arose. If after the award of a judicial penalty, then the amounts will not be collected from the moment such a circumstance arises. In this case, the party will have to pay it for the period before the occurrence of circumstances that made the decision unenforceable.

When the defendant has executed a judicial act, it is necessary to restore the rights of the claimant, which were violated by untimely execution, within the framework of a separate lawsuit. In particular, make a claim for damages. This position has developed in judicial practice. This approach gives defendants the opportunity not to enforce a court order until the plaintiff takes active steps to collect the court penalty.

Rule for “not fulfilling” (negation in an interrogative sentence)

Also, separate spelling is correct if the word is used in an interrogative sentence with a logically emphasized negation.

Examples

Didn't not keeping a commitment ruin your career?
Why didn't you report the non-compliance?
Was not fulfilling the conditions a guarantee of cooperation?

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Source of the article: https://sprint-olympic.ru/uroki/russkij-jazyk-uroki/kak-pravilno-pishetsja/39904-nevypolnenie-kak-pishetsia-slitno-ili-razdelno-pravilno.html

How to spell correctly, emphasis in the word “in case of failure”

Associations to the word “case”

Associations to the word “failure”

Synonyms for the phrase “in case of non-compliance”

Sentences containing the phrase “in case of failure”

This is because borrowings involve interest and principal payments, and the company's operations may be terminated if it defaults
on the borrowings.

Quotes from Russian classics with the phrase “in case of non-compliance”

Yes, and it is impossible not to condescend, since, otherwise, we would all have to be sent to hard labor, and then there would be no one to announce the instructions, there would be no one to pacify for failure to comply with those instructions.

Associations to the word "case"

Associations to the word "failure"

The meaning of the word "case"

CASE, -i, m.

1. What happened is an unforeseen event; incident. (Small Academic Dictionary, MAS)

The meaning of the word "failure"

FAILURE, -I, cf.

Failure to do something.
planned, assigned, etc. Failure to fulfill the plan.
Failure to fulfill an obligation. (Small Academic Dictionary, MAS)

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Additionally

The meaning of the word "case"

CASE, -i, m.

1. What happened is an unforeseen event; incident.

The meaning of the word "failure"

FAILURE, -I, cf.

Failure to do something.
planned, assigned, etc. Failure to fulfill the plan. Failure to fulfill an obligation.

Sentences containing the phrase “in case of failure”

This is because borrowings involve interest and principal payments, and the company may be wound up if it fails to comply.

borrowing obligations.

– Do you really think that in case of non-compliance

conditions, can the intermediary do anything for me?

Obligations of the parties, sanctions in case of non-compliance

, force majeure...

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What is a breach of contract and when is it legal?

Failure to fulfill obligations under contracts, transactions, by force of law, is a violation of the conditions stipulated by the contract, offer or legislation. As a rule, this is accompanied by causing losses to the counterparty or creditor.

Civil Code of the Russian Federation by virtue of Art. 309 and art. 310 does not provide for unilateral refusal to execute agreements, transactions, contracts, etc., unless otherwise provided by the terms of the agreement or the law.

Thus, if the counterparty fails to fulfill the terms of the transaction, then he can be held accountable.

Liability measures include: penalties, fines, penalties, recovery of damages caused, lost profits, moral damages, and more.

The amount of penalties, penalties, fines can be determined by the terms of the contract (contractual penalty, Article 330 of the Civil Code) or by law, in particular Art. 15 and art. 395 of the Civil Code of the Russian Federation.

The legislation provides for cases where failure to fulfill obligations does not entail the application of sanctions.

Such cases include:

circumstances of force majeure (force majeure)
lack of guilt

These circumstances, as a rule, have to be proven in court to avoid the accrual of penalties and fines.

Please note that non-performance of contracts cannot be justified by the lack of necessary goods in the market or non-performance of transactions by third parties.

Obligations under the contract may not be fulfilled if the contract provides for the possibility of unilateral refusal or termination of the transaction or on the grounds provided for by law.

Please note: people are often mistaken about the possibility of not fulfilling the terms of a transaction, for example, if a bank’s license was taken away or the counterparty filed for bankruptcy, this does not mean that obligations under the contracts are automatically terminated. In such cases, as well as when the counterparty evades acceptance of execution of the transaction, you can use the deposit of a notary or court. This is provided for by current legislation and exempts you from penalties in the future.

Obligations under contracts are terminated only by their execution. In other cases, penalties may be applied unless otherwise provided by the contract or legislation.