FAS explained to the participants in the procurement of 223-Federal Law, in which order the antimonopoly authority will consider the complaint

Complaint about the actions, inaction of the customer will be examined according to the rules of art. 18.1 of the antimonopoly law only in the following cases:

- it contains grounds for appeal against 223-Federal Law;

- it refers to parts 1, 5 of Art. 17 of the antimonopoly law. This means that the participant will appeal against the actions of the customer, which can limit competition.

This conclusion was made by the department taking into account the "position" of the RF Supreme Court..

FAS stressed: if a participant indicates in the complaint signs of violation of the antimonopoly legislation, it will be considered in the order and terms provided by the antimonopoly law. We believe that we are talking about the rules of Ch. 9 of this law.

If the complaint indicates a violation under the Administrative Code of the Russian Federation, the materials will be handed over to the appropriate official. It will also consider the issue of initiating proceedings in the case of an administrative offense.

Document: Letter of the Federal Antimonopoly Service of Russia of 30.08.2017 N IA / 59767/17