The court confirmed the right of the state customer to challenge an unscheduled audit conducted not on the grounds

The participant filed a complaint about the actions of the customer, but the antimonopoly service returned it because of missing the deadline. However, on the basis of the complaint, the state agency conducted an unscheduled audit of the customer. The order also indicated another basis for verification - the receipt of information on the violation of Law № 44.

The AC of the Volga-Vyatka district explained that it is not right. The participant filed a complaint about the actions of the customer, and did not disclose information on the violation of Law № 44. The antimonopoly authority has no right to indicate an incorrect basis for an unscheduled audit. Otherwise, its results are recognized as illegal.

Document: Resolution of the AC of the Volga-Vyatka district of 04.08.2017 in case No. A38-9821 / 2016