The Supreme court of the Russian Federation: the customer has the right to set increased requirements for the term of the Bank guarantee
The winner of the purchase was included in the register of unscrupulous suppliers for the fact that he provided a Bank guarantee, the validity of which was less than the customer required. It was not possible to challenge the decision of the Federal Antimonopoly service.
All courts sided with the Antimonopoly authority and the customer. The Supreme court of the Russian Federation refused to review the case, noting that the Law N 44-FZ does not set the maximum limit of the Bank guarantee.
Recall that from July 1, this rule will change. The participant will be able to determine the validity of the Bank guarantee. However, this period will have to exceed the period of performance of obligations by at least one month.
Document: Definition of the Supreme Court of 05.06.2019 in the case N A40-166375/2018